Avvaikapagam v. The State Of Tamil Nadu

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 09.12.2021 C O R A M THE HON'BLE MR. JUSTICE KRISHNAN RAMASAMY W.P.NO.17809 OF 2017 AND W.M.P.NOS.19318, 19319 OF 2017 & 31478 OF 2018 Avvai Kappagam, Rep. by its Secretary B.Sivaprakash, 77/B, Thiruvottiyur High Road, Chennai - 600 081.

...Petitioner

Vs

1. The State of Tamil Nadu, Rep. by its Secretary, School Education Department, Fort St.George, Chennai.

2. The Director of School Education, College Road, Chennai.

... Respondents Prayer:

Writ Petition filed under Article 226 of the Constitution of India, prayed for the issuance of Writ of Certiorari, call for the records of the proceedings of the 2nd respondent in R.C.No.048/I/S1/17 and quash the proceedings dated 22.02.2016 issued therein.

For Petitioner :

Ms.Hema Muralikrishnan For Respondents:

Mr.Shajakhan Special Government Pleader

ORDER

This Writ Petition has been filed, praying for issuance of Writ of Certiorari, call for the records of the proceedings of the 2nd respondent in R.C.No.048/I/S1/17 and quash the proceedings dated 22.02.2016 issued therein.

2. When the matter is taken up hearing today, the learned counsel for the petitioner submits that though he made an omnibus prayer, seeking to quash the impugned order dated 22.02.2016, now restricted to the prayer to the extent that in

the event of the petitioner making an application seeking for approval of his textbooks by the 2nd respondent/Director of School Education, the same may be directed to be considered and disposed of by the respondents on merits and in accordance with law.

3. In reply, the learned Government Advocate appearing for the respondents submits that so far, the petitioner has not made any application. In the event of any such application being made, the same would be considered and disposed of by the 2nd respondent on merits and in accordance with law.

4. In reply to the same, the learned counsel for the petitioner submits that the petitioner has already made an application to the 2nd respondent, but the same was not received by the 2nd respondent stating that no approval was granted for the petitioner's book.

5. In view of the submission made by the learned counsel for the petitioner and respondents, this Court feels that it is appropriate to direct the petitioner to make an appropriate application, seeking for approval of the 2nd respondent towards the textbooks. In the event of any application is made, the 2nd respondent shall consider the said application in accordance with the rules and regulations and in accordance with law and dispose the same without being influenced by any of the observations made in this order by this Court within a period of eight weeks from the date of receipt of a copy of this order.

6. With the above direction, this writ petition is disposed of. No Costs. Consequently, connected miscellaneous petitions are closed.

Sd/- Assistant Registrar(CS IV) //True Copy// Sub Assistant Registrar sp/gba

1. The Secretary, State of Tamil Nadu, School Education Department, Fort St.George, Chennai.

2. The Director of School Education, College Road, Chennai.

+1cc to Mr.L.Muralikrishnan, Advocate, S.R.No.65584 +1cc to the Government Pleader, S.R.No.66119 W.P.No.17809 of 2017 EV(CO) PM/29/12/2021