Meenakshiyapuram Nadar Uravinmurai v. The State Of Tamilnadu
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 30.01.2025
CORAM:
THE HONOURABLE MRS.JUSTICE L.VICTORIA GOWRI Meenakshiyapuram Nadar Uravinmurai, Perunthalaivar Kamarajar Higher Secondary School Committee, represented through its Secretary, C.Marimuthu.
... Petitioner Vs.
1. The State of Tamilnadu, Rep by Secretary, Department of School Education, Secretariat, Chennai - 9.
2. The Director, Department of School Education, College Road, Chennai.
3. The Joint Director (Higher Secondary), Department of School Education, College Road, Chennai.
1/6
4. The Chief Educational Officer, O/o. the Chief Educational Office, Virudhunagar District.
5. The District Educational Officer (Secondary), O/o. the District Educational Office, Sivakasi, Virudhunagar District.
6. Mr. Peter Joseph, ... Respondents PRAYER : Writ Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Mandamus, to forbear the Respondent Nos.1 to 5 from bringing the petitioners School, namely, Meenakshiyapuram Nadar Uravinmurai Perunthalaivar Kamarajar Higher Secondary School Situated at Meenakshipuram, Rajapalayam Taluk, Virudhunagar District under Direct Payment by considering his representation dated 24.01.2025. For Petitioner : Mr.T.Thirumurugan, For R-1 to R-5 : Mr.T.Amjadkhan Government Advocate 2/6
ORDER
Mr.T.Amjadkhan, learned Government Advocate takes notice for the respondents 1 to 5. By consent of both the parties, this writ petition is taken up for final hearing at the admission stage itself.
2. This Writ Petition has been filed seeking to forbear the Respondent Nos.1 to 5 from bringing the petitioners School, namely, Meenakshiyapuram Nadar Uravinmurai Perunthalaivar Kamarajar Higher Secondary School Situated at Meenakshipuram, Rajapalayam Taluk, Virudhunagar District under Direct Payment by considering his representation dated 24.01.2025.
3. Heard the learned counsels on either sides and carefully perused the materials available on record.
4. Considering the limited scope of the relief sought for by the petitioner herein, notice to the sixth respondent is dispensed with.
5. The petitioner has made a representation on 24.01.2025, to forbear the Respondent Nos.1 to 5 from bringing the petitioners School under Direct Payment. Since the same was not considered, the present writ petition came to 3/6
be filed.
6. It is needless to point out that whenever a representation of this nature is made to a Statutory Authority, there is a duty cast upon the respondent to consider the same on its own merits and pass appropriate orders in one way or other instead of keeping the same pending indefinitely. As such, nonconsideration of the representation made by the Statutory Authority would amount to dereliction of duty and hence, this Court will be justified in invoking the extraordinary powers under Article 226 of the Constitution of India.
7. Without going into the merits of this case, this Court hereby direct the second respondent to consider the representation made by the petitioner and pass appropriate orders in accordance with law within a period of eight (8) weeks from the date of receipt of a copy of this order.
8. Accordingly, this Writ Petition stands disposed of. No costs. 30.01.2025 NCC : Yes / No Index : Yes / No jbr 4/6
TO:-
1. The State of Tamilnadu, Rep by Secretary, Department of School Education, Secretariat, Chennai - 9.
2. The Director, Department of School Education, College Road, Chennai.
3. The Joint Director (Higher Secondary), Department of School Education, College Road, Chennai.
4. The Chief Educational Officer, O/o. the Chief Educational Office, Virudhunagar District.
5. The District Educational Officer (Secondary), O/o. the District Educational Office, Sivakasi, Virudhunagar District.
5/6
L.VICTORIA GOWRI, J.
jbr Order made in Dated 30.01.2025 6/6