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Madras High CourtWP/7378/2016disposed of

S.Gunasekar v. The Director Of Elementary

2016-02-29Honourable The Chief Justice,Honourable Mr Justice M.M.Sundresh2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 29.02.2016

CORAM

The Hon'ble MR.SANJAY KISHAN KAUL, CHIEF JUSTICE AND The Hon'ble MR.JUSTICE M.M.SUNDRESH W.P.No.7378 of 2016 S.Gunasekar .. Petitioner -vs1.The Director of Elementary Education, DPI Campus, College Road, Chennai-600 006.

2.The District Elementary Educational Officer, Kancheepuram.

3.The Trust Association of the Advent Christian Conference of India (P) Ltd., rep. by its President, (Educational Agency of Advent Christian Middle School, Ponmar), No.163, A.A.M. Compound, Gandhi Salai, Velachery, Chennai-600 042.

.. Respondents Petition filed under Article 226 of the Constitution of India praying for issue of Writ of Mandamus directing the first respondent to ensure the construction of the compound wall between the School i.e. Advent Christian Middle School, Ponmar, Chennai-600 127 and the Advent Christian Church, Ponmar, Chennai-600 127 both under the control of the third respondent within within the time frame to be fixed by this Court. For Petitioner : Ms.Dakshayani Reddy For Respondents : Mr.STS.Moorthy Government Pleader for R1 and R2

ORDER

(Order of the Court was made by The Hon'ble Chief Justice) It appears that the portions of aided school are being used for marriage functions etc., while using the ground of the Church, causing the waste to lie scattered in the area, including liquor bottles.

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2. The learned Government Pleader states that the premises had been inspected by the Assistant Elementary Educational Officer, Tiruporur, who has found the factual situation to be correct as set out by the petitioner.

3. It has been suggested in the petition that the solution may be to have a compound wall constructed between the Church area and the School.

4. The learned Government Pleader states that the first two respondents will take appropriate action to remove this problem in collaboration with the third respondent and implement the suggestion of the construction of a compound wall. The first two respondents may also verify whether such nature of activities are even permitted in the compound of the Church established by the Trust.

5. Necessary action be taken within two months of the receipt of this order.

6. The writ petition, accordingly, stands disposed of. No costs.

Sd/- Assistant Registrar(CS-IV) //True Copy// Sub Assistant Registrar bbr To 1.The Director of Elementary Education, DPI Campus, College Road, Chennai-600 006.

2.The District Elementary Educational Officer, Kancheepuram.

+1 cc to M/s.Dakshayani Reddy, Advocate, sr.12941 +1 cc to Government Pleader, sr.12910 W.P.No.7378 of 2016 sns co kra 11.03.2016 https://hcservices.ecourts.gov.in/hcservices/