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Madras High CourtWP/26618/2017disposed of

G.Ammu Kamakshi v. The District Collector

2021-11-10Honourable Mr Justice Krishnan Ramasamy3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED 10.11.2021

CORAM

THE HONOURABLE MR. JUSTICE KRISHNAN RAMASAMY W.P.No.26618 of 2017 and W.M.P.Nos.28335 & 28336 of 2017 G.Ammu Kamakshi ... Petitioner ..Vs..

1.The District Collector, Vellore District, Vellore.

2.The Chief Educational Officer, Vellore District, Sathuvachari, Vellore - 9.

3.The District Elementary Educational Officer, Vellore Fort, Vellore District, Vellore - 632 004.

4.The Thasildhar, Katpadi Taluk, Vellore District.

5.V.G.Sridhar ... Respondents PRAYER :

Writ Petition is filed under Article 226 of Constitution of India, praying to issue a writ of certiorari, calling for the entire records in pursuant to the proceedings in NA.KA.No.2233/A1/2017 dated 27.09.2017 issued by the 3rd respondent to quash the same.

For Petitioner : M/s.A.Anusuya For Respondents : Mr.V.Nanmaran Government Advocate for R1 to R4 Mr.M.Madhu Prakash for R5

ORDER

This writ petition has been filed, praying for the issuance of a Writ of Certiorari, to call for the records in

pursuant to the proceedings in NA.KA.No.2233/A1/2017 dated 27.09.2017 issued by the 3rd respondent and quash the same.

2. The learned counsel appearing for the petitioner submits that the 5th respondent refused to grant permission to run the School in the premises, where now, they have vacated the said premises and shifted the school to the petitioner's own premises and thereafter, they applied for permission to get recognition. Hence, she submits that the writ petition itself has become infructuous and no orders are necessary.

3. The learned counsel appearing for the 5th respondent submits that since 1st and 4th respondents have sealed the premises, the petitioner has shifted the School to her own premises. Therefore, until and unless the seal is removed, the 5th respondent, who is the owner of the premises, cannot take possession of the building. He submits that he has also given a representation to the respondents dated 24.12.2018, but no order has been passed.

4. However, this Court cannot pass any orders directly. It is needless to state that the 5th respondent can approach the respondents 1 to 4 by way of representation seeking to de-seal the premises and on such representation being made, the respondents 1 to 4 may consider the same and pass orders in accordance with law.

5. With the above observation, the writ petition stands disposed of. No costs. Consequently, connected miscellaneous petitions are closed.

Sd/- Assistant Registrar(CS-VII) //True Copy// Sub Assistant Registrar Pns To 1.The District Collector, Vellore District, Vellore.

2.The Chief Educational Officer, Vellore District, Sathuvachari, Vellore - 9.

3.The District Elementary Educational Officer, Vellore Fort, Vellore District, Vellore - 632 004.

4.The Thasildhar, Katpadi Taluk, Vellore District.

+1cc to Mr.A.Anusuya, Advocate, S.R.No.58328 W.P.No.26618 of 2017 and W.M.P.Nos.28335 & 28336 of 2017 JPL(CO) SB(013/12/2021)