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Madras High CourtWP(MD)/2466/2018disposed of

Kandha Murugan Vocational v. The State Of Tamil Nadu

2018-02-07Honourable Mr Justice V. Bharathidasan3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 07.02.2018 CORAM :

THE HONOURABLE MR.JUSTICE V.BHARATHIDASAN Writ Petition (MD) No.2466 of 2018 and W.M.P(MD)Nos.2665 and 2666 of 2018 Kandha Murugan Vocational Training Centre, by its Coordinator, Marimuthu, 16, Telephone Road, Aruppukottai, Virudhunagar District.

...

Petitioner Vs.

1. The State of Tamil Nadu, Rep by Chief Secretary, Fort St., George, Chennai 09.

2. The Joint Director of Medical, Tenkasi, Tirunelveli District.

3. The Joint Director of Medical, Virudhunagar.

4. The Tahsildar, Aruppukkottai, Virudhunagar District.

5. The Sub Inspector of Police, Aruppukottai Town Police Station, Virudhunagar District.

... Respondents Prayer:

Petition filed under Article 226 of the Constitution of India praying for issuance of a Writ of Certiorarified Mandamus, to call for the records pertaining to the impugned order passed by the 2nd respondent dated 18.12.2017 and quash the same and consequently direct the respondents to remove the seal affixed in Door No.16, Telephone Road, Aruppukottai, Virudhunagar District. For Petitioner : Mr.S.Muniyandi For Respondents : Mr.Aayiram K.Selvakumar, Additional Government Pleader.

ORDER

This writ petition has been filed challenging the order passed by the second respondent dated 18.12.2017 whereby the petitioner's institution has been locked and sealed. 2.According to the petitioner, the petitioner is running vocational training centre after getting prior approval from the National Council of Vocational and Research Training. Now, the second respondent without giving any notice whatsoever to the petitioner has locked and sealed the petitioner's institution. Challenging the above said order, the present writ petition has been filed.

3.Learned counsel appearing for the petitioner submitted that now the petitioner is not willing to run the institution and ready to vacate the premises. He would further submit that the petitioner will file an undertaking affidavit before the second respondent stating that the petitioner will not run any institution. The petitioner has also made an averment to that effect in ground (d) of the affidavit filed in support of this writ petition.

4.In the above circumstances, the petitioner is directed to approach the second respondent and file an undertaking affidavit before the second respondent stating that the petitioner institution will not run the institution anymore and he will close the same immediately. If any such undertaking affidavit is filed by the petitioner, the second respondent is directed to remove the lock and seal affixed in the petitioner's institution. 5.With the above direction, the writ petition is disposed of. No costs. Consequently, W.M.P(MD)Nos.2665 and 2666 of 2018 are closed.

Sd/- Assistant Registrar(CO) /True Copy/ Sub Assistant Registrar To

1. The Chief Secretary to Government of Tamil Nadu, Fort St., George, Chennai 09.

2. The Joint Director of Medical, Tenkasi, Tirunelveli District.

3. The Joint Director of Medical, Virudhunagar.

4. The Tahsildar, Aruppukkottai, Virudhunagar District.

5. The Sub Inspector of Police, Aruppukottai Town Police Station, Virudhunagar District.

+ 1 cc TO Mr.S.Muniyandi , Advocate in SR No. 46709 + 1 cc TO The Special Government Pleader in SR No. 47208 sms AE/SV MMS/SAR2/19.02.2018/3P/8C Writ Petition (MD) No.2466 of 2018 and W.M.P(MD)Nos.2665 and 2666 of 2018 07.02.2018