The Correspondence v. The Principal Secretary To Government

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 29.10.2018

CORAM

THE HONOURABLE MR.JUSTICE S.S.SUNDAR W.P.No.26623 of 2018 The Correspondence, Represented by its Rev.Fr.M.Asirvatham, S/o.K.A.Mariaviyagulam, St.Mary's Primary School, Nagavayal, Padathanpatti Post, Kallal Via, Karaikudi Taluk, Sivagangai District - 630 305.

... Petitioner

Versus

1.The Principal Secretary to Government, Secretariat, Fort St.George, Chennai - 600 009.

2.The Director, Directorate of Elementary Education, DPI Complex, College Road, Chennai - 600 006.

3.The District Primary School Education Officer, Tirupathur, Sivagangai District.

4.The Assistant Primary School Education Officer, Kallal, Sivagangai District.

... Respondents PRAYER:

Writ Petition filed under Article 226 of the Constitution of India, praying for the issue of Writ of Mandamus directing the 2nd respondents herein to implement the 1st respondent issued order Ne.Mu.Ka.No.36566/d 1/2001-1 dated 21.11.2001 and to consider petitioner representation dated 12.04.2018 afresh by the 2nd respondent for St.Mary's Primary School to grant permanent recognition of school running by the management at Nagavayal, Padathanpatti Post, Kallal Via, Karaikudi Taluk, Sivagangai District.

For Petitioner : Mr.A.Manoj Kumar For Respondents : Ms.V.Annalakshmi Government Advocate ***

O R D E R

This writ petition has been filed for issuing a Writ of Mandamus, directing the second respondent to implement the order of the first respondent dated 21.11.2001 and to consider the petitioner representation dated 12.04.2018 afresh. The learned counsel appearing for the petitioner though filed a writ petition to issue a positive direction as against the second respondent, the learned counsel for the petitioner submitted that the petitioner is satisfied if a direction is issued by this Court to the second respondent to consider the petitioner's representation dated 12.04.2018 in accordance with law.

Having regard to the limited scope of the prayer that is now sought for by the learned counsel for the petitioner, without expressing any opinion on the merits of the petitioner's representation, this Court is inclined to pass the following direction:- The second respondent is directed to consider the petitioner's representation dated 12.04.2018 and pass appropriate orders on merits and in accordance with law, after giving an opportunity of hearing to the petitioner within a period of eight weeks from the date of receipt of a copy of this order.

With the above direction, this Writ Petition is disposed of. No costs.

Sd/- Assistant Registrar(CS IX) //True Copy// Sub Assistant Registrar mtl/rpl To 1.The Principal Secretary to Government, Secretariat, Fort St.George, Chennai - 600 009.

2.The Director, Directorate of Elementary Education, DPI Complex, College Road, Chennai - 600 006.

3.The District Primary School Education Officer, Tirupathur, Sivagangai District.

4.The Assistant Primary School Education Officer, Kallal, Sivagangai District.

+1cc to Government Pleader sr.no.74383 +1cc to Mr.A.Manoj Kumar, Advocate sr.no.73775 W.P.No.26623 of 2018 nr 16/11/2018