Madras High CourtWP(MD)/1246/2018disposed of

Annai Thrasa Community College v. The State Of Tamil Nadu

2018-02-19Honourable Mr Justice V. Bharathidasan3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 19.02.2018 CORAM :

THE HONOURABLE MR.JUSTICE V.BHARATHIDASAN WP (MD) No.1246 of 2018 and WMP(MD)Nos.1332 and 1333 of 2018 Annai Therasa Community College, by its Coordinator, Marimuthu 60, South Car Street, Srivilliputhur, Virudhunagar District - 626 125 .. Petitioner Vs.

1. The State of Tamil Nadu, Rep.by its Chief Secretary, Health & Family Welfare Department, Fort George, Chennai - 09.

2. The Registrar, Bharathiyar University, Coimbatore.

3. The Joint Director of Medical, Health and Family Welfare Department, Tenkasi, Tirunelveli District.

4. The Joint Director of Medical, Health and Family Welfare Department, Virudhunagar.

5. The Tahsildar, Srivilliputhur, Virudhunagar District.

6. The Sub Inspector of Police, Srivilliputhur Town Police Station, Virudhunagar District.

7. The Inspector of Police, Sankarankoil Town Police Station, Tirunelveli District.

... Respondents

Petition filed under Article 226 Constitution of India to issue a writ of Certiorarified Mandamus to call for the records pertaining to the impugned order passed by the third respondent dated 21.12.2017 and quash the same and consequently direct the respondents forbearing the respondents to interfere with their consultancy centre namely Annai Therasa Community College at Srivilliputhur, Virudhunagar District.

For Petitioner : Mr.S.Muniyandi For R1, 3 to 7 : Mr.Aayiram K.Selvakumar Additional Government Pleader For R2 : Mr.M.Rajarajan Government Advocate

ORDER

This writ petition has been filed seeking to quash the impugned order passed by the third respondent dated 21.12.2017 and consequently forbear the respondents from interfering with the consultancy centre namely Annai Therasa Community College at Srivilliputhur, Virudhunagar District.

2.According to the petitioner, the petitioner is alleged to have been running an institute for conducting training for Diploma in Health Assistant, Diploma in Health and Welfare Assistant and Diploma in Naturopathy and all those courses were approved by Bharathiyar University and the University has also given certificate to the petitioner. Apart from that, the petitioner has also got approval from Bharat Seva Samaj for running the above institute. Now, the third respondent has inspected the institution and subsequently sealed the premises without any enquiry whatsoever. Aggrieved by the same, this writ petition has been filed. 3.Today, when the matter is taken up for hearing, the learned counsel appearing for the petitioner submitted that now the petitioner is not interested in running the institute and he wants to close the same.

He has also filed an undertaking affidavit before this Court stating that the landlord asked the petitioner to vacate the premises. Further he stated in the affidavit that he will not conduct any course in the above said premises in future. In the above circumstances, he prayed to remove the lock and seal. 4.Considering the fact that now the petitioner wants to close the institution and he has also given undertaking that he will not conduct any course in future in the above premises, the petitioner is directed to approach the third respondent and file an affidavit to that effect and on filing such affidavit, the third respondent is directed to consider the same and remove the lock and seal of the premises.

5.With the above direction, this writ petition is disposed of. No costs. Consequently, WMP(MD)Nos.1332 and 1333 of 2018 are closed.

Sd/- Assistant Registrar (CS-III) /True Copy/ Sub Assistant Registrar To

1. The Chief Secretary, State of Tamil Nadu, Health & Family Welfare Department, Fort George, Chennai - 09.