K.Prabakaran v. State Of Tamilnadu

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 17.01.2018

CORAM:

THE HON'BLE Mr. JUSTICE R.MAHADEVAN Writ Petition No.9186 of 2016 & W.M.P.No.8192 of 2016 K.Prabakaran ... Petitioner Vs 1 State of Tamilnadu, Repd.

by Secretary Education Department Fort St. George Chennai-600 009.

2 The Director, Elementary Education Directorate of Public Instructions College Road Chennai.

3 The District Collector, Salem District, Salem-636 001. 4 The Chief Educational Officer 301 Collectorate Building, Salem-636 001.

5 The Commissioner of Corporation, Salem Municipal Corporation, Salem-636 009.

6 Life Trust, Corporation School Premises, Annathanapatty, Salem 2 (R6 Suo Motu impleaded as per the order, dated 04.07.2017 in WMP No.8192/2016 in W.P.No.9186/2016) ... Respondents Prayer:- Writ Petition filed under Article 226 of the Constitution of India praying for the issuance of a Writ of Mandamus (a) directing the respondents to take steps to upgrade the Elementary School under the Salem Corporation at Annathanapatty Trichy Branch Road to the level of Middle School; (b) directing the respondent No.5 to not to allot the land being utilized for the Elementary School at Annathanapatty Trichy Branch Road in 48th division for any other purpose.

For Petitioner :

No Appearance.

For Respondents:

Mr. V.R.Rajasekaran, for R-6, Mr. K.Bhuvaneswari, for R-5 Mr. C.Munusamy, Spl.G.P., for R-1 to R-4.

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O R D E R

When the case was taken up for hearing on 02.01.2018, there was no representation for the petitioner herein. Hence, the matter was directed to be posted to today, i.e., on 17.01.2018 under the caption "For Dismissal".

2. Even today, when the case is taken up for hearing, neither the petitioner nor the learned counsel representing the petitioner are present. Further, the prayer sought for by the petitioner in this writ petition is, against the respondents herein to take steps to upgrade the Elementary School under the Salem Corporation at Annathanapatty, Trichy Branch Road, to the level of Middle School.

3. This Court is of the opinion that such a prayer does not survive for adjudication, at this distant point of time. Therefore, this writ petition stands dismissed as nonprosecution. No costs. Consequently, the connected WMP is closed.

-Sd/- Assistant Registrar // True Copy // Sub Assistant Registrar To 1 The Secretary Education Department, State of Tamilnadu Fort St. George Chennai-600 009.

2 The Director, Elementary Education Directorate of Public Instructions College Road Chennai.

3 The District Collector, Salem District, Salem-636 001.

4 The Chief Educational Officer 301 Collectorate Building, Salem-636 001.

5 The Commissioner of Corporation, Salem Municipal Corporation, Salem-636 009.

+ 1 cc to MR.V.R.Rajasekaran, Advocate Sr.No. 3215 + 1 cc to Mrs.K.Bhuvaneswari, Advocate Sr.No. 3255 + 1 cc to The Government Pleader Sr.No.3630 Writ Petition No.9186 of 2016 & W.M.P.No.8192 of 2016 CO(KJI) KP 05/02/2018