Madras High CourtWA/2551/2018closed

The Secretary v. Coimbatore Arya Vysya Samajam

2021-07-13Honourable Mr Justice M.M.Sundresh,Honourable Ms Justice R.N.Manjula3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 13.07.2021

CORAM

THE HON'BLE MR.JUSTICE M.M.SUNDRESH AND THE HON'BLE MS.JUSTICE R.N.MANJULA W.A.NO.2551 OF 2018 AND C.M.P.NO.20553 OF 2018

1. The Secretary, Educational Department, Government of Tamil Nadu, St.Fort George, Chennai.

2. The Collector, Collectorate Building, Coimbatore - 641 001.

3. The Chief Educational Officer, No.500, Raja Street, Coimbatore - 641 001.

4. The District Elementary Educational Officer, No.500, Raja Street, Coimbatore - 641 001.

5. The Assistant Elementary Educational Officer, No.500, Raja Street, Coimbatore - 641 001.

... Appellants Vs Coimbatore Arya Vysya Samajam (Regd No.48/71) Rep. by its General Secretary, Mr.Shekar Viswanath, No.73, Vysial Street, Coimbatore - 641 001.

... Respondent PRAYER:- Appeal filed under Clause 15 of Letters Patent against the order dated 04.12.2017 made in W.P.No.30058 of 2017.

Prayer in W.P.No.30058 of 2017:- Petition filed under Article 226 of the Constitution of India, to issue a writ of Certiorarified Mandamus, call for the records of the proceedings of the 4th respondent vide Na.Ka.No.2907/A4/2016 dated 27.01.2017 and quash the same and consequently direct the 2 to 5 respondents to issue transfer order to the teachers working in the petitioners school and transfer the students studying in the petitioner school to the nearby school by the 5th respondent till the demolition and reconstruction of the petitioner school is completed. For Appellants : Mr.S.John J Raja Singh Government Advocate For Respondent : Mr.A.Murali for Ms.C.Uma

JUDGMENT

(Delivered by M.M.SUNDRESH, J.) This writ appeal is directed against the order dated 04.12.2017 made in W.P.No.30058 of 2017.

2. The issue is only with respect to the direction of the learned single Judge to accommodate the students in the neighbouring schools. The learned single Judge directed the appellants to withdraw the grant of aid pertaining to the respondent as the respondent school itself has given a letter to that effect. It is submitted by both the counsel that the order of the learned single Judge has been given effect to by transferring the teachers and the students to the neighbouring schools and the building, which was in a dilapidated condition, has been demolished.

3. We have also perused the report of the District Educational Officer, Coimbatore which indicates the demolition details of the school building with photographs while accommodating the students in the other schools.

4. In view of the above, nothing survives for consideration in this writ appeal and the same stands closed. No costs. Consequently, connected miscellaneous petition is closed. Sd/- Assistant Registrar(CS VII) //True Copy// Sub Assistant Registrar mmi/ssm