K.Kothandapani v. The Chief Educational Officer

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 16.12.2019

CORAM

THE HON'BLE MR. JUSTICE P.D. AUDIKESAVALU W.P. No. 34785 of 2019 and W.M.P. No. 35544 of 2019

1. K. Kothandapani

2. K. Manivannan

3. Kasthurithilagam ... Petitioners -vs1. The Chief Educatiional Officer, Chennai District, Egmore, Chennai 600 008.

2. The District Elementary Educational Officer, (North Chennai), District Educational Office, Sidco Nagar, Villiwakkam, Chennai 600 049.

3. The Zonal Educational Officer, Periyamet, Chennai.

4. T. A. Balachandar ... Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus, directing the Respondents One to Three to consider the Petitioner's representation and pass suitable orders to induct the Petitioners who are the Legal Heirs of R.Yuvanesh as the office bears of the Yuvan Educational Trust, running Noble Nursery and primary School at No.15, Venkataiyar Street, Kondithope, Chennai-79.

For Petitioners: Mr. Thanjai P.N. Chezhiyan For Respondents: Mr. C. Munusamy, (For R1 to R3) Special Government Pleader (Education)

O R D E R

Heard Mr. Thanjai P.N. Chezhiyan, Learned Counsel for the Petitioners and Mr. Munusamy, Learned Special Government Pleader, who takes notice for the First to Third Respondents, and perused the materials placed on record apart from the pleadings of the parties.

2.

Having regard to the nature of order proposed to be passed in the matter which would not cause any prejudice to the Fourth Respondent, notice to him is dispense with. 3.

Considering the limited relief sought by the Petitioners in this Writ Petition, this Court without expressing any view on the correctness or entitlement of the claim made by the Petitioner, directs the First to Third Respondents to consider the representation dated 12.09.2019 made by the Petitioners and after affording full opportunity of hearing to all parties concerned including the Petitioners and the Fourth Respondent, deal with each of their contentions and pass reasoned order on merits and in accordance with law and communicate the decision taken to them under written acknowledgement and file report of such compliance before the Registrar (Judicial) of this Court by 31.03.2020.

4. The Writ Petition is disposed on the aforesaid terms. Consequently, connected miscellaneous petition is also closed. No costs.

Sd/- Assistant Registrar(CS-VII) //True Copy// Sub Assistant Registrar ssi/vjt To 1.The Chief Educational Officer, Chennai District, Egmore, Chennai-8.

2.The District Elementary Educational Officer, (North Chennai) District Educational Office, Sidco Nagar, Villiwakkam, Chennai-600 049.

3.The Zonal Educational Officer, Periyamet, Chennai.

Copy to:

The Registrar(Judicial) High Court, Madras-104.

+1cc to Mr. Thanjai P.N. Chezhiyan, Advocate SR.104282 +1cc to the Government Pleader SR.105317 W.P. No. 34785 of 2019 VSNII(CO) CB(24/01/2020)