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Madras High CourtWP(MD)/6887/2013disposed of

Hindu Primary School, v. The Director Of Elementary

2022-07-15Honourable Mr Justice R.Vijayakumar5 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 15.07.2022

CORAM

THE HON'BLE MR.JUSTICE R.VIJAYAKUMAR Hindu Primary School, Andipatti, Alankulam Taluk, Tirunelveli District, Represented by its Secretary cum Correspondent M.L.Adaikalam ... Petitioner Vs.

1.The Director of Elementary School Education, D.P.I.Campus, College Road, Chennai-600 006.

2.The District Elementary Educational Officer, Tirunelveli District, Tiruchendur.

3.The Assistant Elementary Educational Officer, Keelapavoor, Pavoor Chathiram, Alankulam Taluk, Tirunelveli District.

... Respondents PRAYER : Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Certiorarified Mandamus, to 1/5

call for the records relating to the orders passed by the first Respondent dated 29.08.2012 in R.C.No.381/G1/2011 and quash the same and consequently direct the Respondents to approve the change of the name of the Petitioner School from Hindu Primary Shcool to Louis Roopavathy Memorial Primary School within a reasonable time fixed by this Court.

For Petitioner : Mr.N.Dilip Kumar For Respondents : Mr.V.Nirmal Kumar Government Advocate

ORDER

The present writ petition has been filed challenging an order passed by the first respondent herein, under which the request of the petitioner school for changing the name of the school has been rejected on the ground that the application is incomplete and it is not in proper form.

2. It is the contention of the learned counsel for the petitioner that the previous proceedings of the first respondent herein, dated 03.08.2012 calling upon the school management to submit eleven documents have not at all been served upon the school, so that the school could comply with all these requirements. The said proceedings have been furnished by the learned Government Pleader appearing for the respondents. Now, 2/5

there is no impediment on the part of the petitioner management to submit these records. A perusal of the proceedings, dated 03.08.2012 indicates that except the documents mentioned in Serial No.4 and 5, all other requirements have to be complied with by the writ petitioner management. The writ petitioner management is directed to submit all the particulars called for in the proceedings of the first respondent, dated 03.08.2012 except falling under Serial No.4 and 5 to the first respondent herein within a period of ten days from the date of receipt of a copy of this order. On receipt of the application from the petitioner management, the first respondent is directed to dispose of the same within a period of four (4) weeks thereafter after giving opportunity to the writ petitioner.

3. In view of the above said discussion, the impugned order is set aside. The matter is remitted back to the file of the first respondent herein and the first respondent shall pass orders as stated supra. This Writ Petition stands disposed of. No costs.

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Index :

Yes / No Internet :

Yes / No To 1.The Director of Elementary School Education, D.P.I.Campus, College Road, Chennai-600 006.

2.The District Elementary Educational Officer, Tirunelveli District, Tiruchendur.

3.The Assistant Elementary Educational Officer, Keelapavoor, Pavoor Chathiram, Alankulam Taluk, Tirunelveli District.

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R.

VIJAYAKUMAR ,J.

gbg Order made in 15.07.2022 5/5