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Madras High CourtWP(MD)/93/2020disposed of

The Secretary v. The Director Of School Education

2020-01-06Honourable Mr Justice S.S. Sundar2 pages

W.P.(MD).No.93 of 2020 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 06.01.2020

CORAM:

THE HONOURABLE MR.JUSTICE S.S. SUNDAR W.P.(MD).No.93 of 2020 The Secretary, Joy Primary School, Semboor, Kilangkadu-627 852 Tenkasi District.

.. Petitioner Vs.

1.The Director of School Education, College Road, Chennai - 6.

2.The Chief Educational Officer, Tirunelveli.

3.The District Educational Officer, Tenkasi.

4.The Block Educational Officer, Shenkottai.

.. Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India, for the issuance of Writ of Mandamus, directing the 3rd respondent to approve the temporary shifting arrangement of running the petitioner school namely Joy Primary School, Semboor in the new building at Vayal Kattu Colony, Semboor, from 23.12.2019 till the existing building fixed the repairs or till the construction of new building based upon the instructions made in the inspection report by the 4th respondent on 18.06.2019.

For Petitioner : Mr.K.K.Kannan For Respondents : Mr.A.Thiyagarajan Government Advocate

ORDER

Mr.A.Thiyagarajan, learned Government Advocate takes notice for the respondents.

2. By consent of both parties, the writ petition is taken up for disposal at the admission stage itself.

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W.P.(MD).No.93 of 2020

3. This Writ petition has been filed by the petitioner praying for issuance of a Writ of Mandamus, directing the 3rd respondent to approve the temporary shifting arrangement of running the petitioner school namely Joy Primary School, Semboor in the new building at Vayal Kattu Colony, Semboor, from 23.12.2019 till the existing building is repaired or till the construction of new building based upon the instructions made in the inspection report by the 4th respondent on 18.06.2019.

4.The petitioner has made a representation seeking transfer for the school to a new building. It is stated that shifting was necessitated as the school building was heavily damaged due to rain and it is in a dilapidated condition.

5.Having regard to the facts and circumstances of this case, without expressing any opinion on the merits of the petitioner's representation, this Court is inclined to issue the following direction.

The third respondent is directed to consider the petitioner's representation, dated 28.12.2019 on merits and in accordance with law within a period of two weeks from the date of receipt of a copy of this order. The third respondent may also consider the structural stability of the building and other infrastructure available in the new building for running the school. 6.With the above direction, this writ petition is disposed of. No costs.

Sd/- Assistant Registrar(Crl side) // True Copy // / /2020 Sub Assistant Registrar(CS) TM To 1.The Director of School Education, College Road, Chennai - 9. 2.The Chief Educational Officer, Tirunelveli. 3.The District Educational Officer, Tenkasi.

4.The Block Educational Officer, Shenkottai.

+1 CC to M/s.K.K.KANNAN, Advocate ( SR-327[F] dated 06/01/2020 ) +1 CC to M/s.SPL GP ( SR-428[F] dated 07/01/2020 ) W.P.(MD).No.93 of 2020 06.01.2020 vr(CO) TR(28.01.2020)2P 7C https://hcservices.ecourts.gov.in/hcservices/ 2/2