Madras High CourtWP/35615/2019dismissed as withdrawal

Smt.Latha, v. The Secretary / Chief Administrative

2020-01-02Honourable Mr Justice P.D.Audikesavalu3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 02.01.2020

CORAM

THE HON'BLE MR. JUSTICE P.D. AUDIKESAVALU W.P. No. 35615 of 2019 and W.M.P. No. 36507 of 2019 Smt. Latha ... Petitioner Vs.

1. The Secretary / Chief Administrative Officer, Central Board of Secondary Education, Shiksha Kendra 2 Community Centre, Preet Vihar New Delhi - 110 092.

2. The Regional Officer Central Board of Secondary Education Plot No.3, Old No.163-6A, 6th Avenue 16th Main Road, Annanagar West Near Sri Devi Hospital Chennai - 600 040.

3. The Chief Education Officer O/o. The CEO, Veerappa Nagar Krishnagiri - 635 001.

4. The District Educational Officer O/o. The DEO 138, Royakkoatta Road Old Royakkoatta Road Hudco, Hosur - 636 109.

5. The Green Valley Educational Trust Rep by its President Kalahastipuram Bhagalur Road

6. The Green Valley (CBSE) School Rep by its Correspondent Kalahasthipuram

7. R.Santhi

8. M.Suganthi

9. S.Manjula 10.K.Palaniyandi 11.K.Sathiavani 12.K.Anbalagan 13.S.D.Umasankar 14.K.K.Duraisamy 15.S.Elangovan ... Respondents Petition filed under Article 226 of the Constitution of India, for issue of Writ of Mandamus, directing the Respondents 1 and 2 not to grant affiliation to the Sixth Respondent school being run by the Fifth Respondent Trust.

For Petitioner :

Mr. J.Ramakrishnan

O R D E R

When it is pointed out that the nature of grievance sought to be ventilated by the Petitioner in the Writ Petition involves disputed questions of fact, viz-a-viz, the rights of the Petitioner and the Seventh to Fifteenth Respondents in respect of the management of the Fifth and Sixth Respondents, which require to be decided after recording of evidence of the parties on rival contentions and could not be redressed by invoking the public law remedy following summary procedure under Article 226 of the Constitution, Learned Counsel for the Petitioner seeks permission of this Court to withdraw the Writ Petition with liberty to institute suit before the jurisdictional Civil Court for effectual and complete adjudication of the matter and he has made an endorsement to that effect, which is recorded. 2.

Accordingly the Writ Petition is dismissed as withdrawn grating such liberty. Consequently, connected Miscellaneous Petition is closed. No costs.

Sd/- Assistant Registrar(CS-III) //True Copy// Sub Assistant Registrar

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