Madras High CourtWP(MD)/403/2018disposed of

Jothi Primary School, v. The District Registrar,

2018-01-09Honourable Mr Justice V. Bharathidasan3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 09.01.2018 CORAM :

THE HONOURABLE MR.JUSTICE V.BHARATHIDASAN WP (MD) No.403 of 2018 and WMP(MD)Nos.407 and 408 of 2018 Jothi Primary School rep.by its Secretary A.Duraikany Educational Agency of Jothi Primary School, Lakshmipuram, V.K.Pudur Taluk, Tirunelveli District.

... Petitioner Vs.

1.The District Registrar, O/o.the District Registrar, Tenkasi, Tirunelveli District.

2.The Chief Educational Officer, Tirunelveli District, Tirunelveli - 9.

3.The District Elementary Educational Officer, Thirunelveli.

4.The Assistant Elementary Educational Officer, Alangulam, Alangulam Taluk, Tirunelveli District.

... Respondents Petition filed under Article 226 Constitution of India to issue a Writ of Certiorarified Mandamus calling for the records relating to the impugned order passed by the fourth respondent in his proceedings in Na.Ka.No.498/a3/2017 dated.17/08/2017 and quash the same as illegal and consequently to direct the respondents 3 and 4 to approve the school committee for the period between 01.05.2017 and 30.04.2020.

For Petitioner : Mr.M.Ajmal Khan, Senior Counsel for M/s.Ajmal Associates For Respondents : Mr.Aayiram K.Selvakumar Additional Government Pleader

ORDER

This writ petition has been filed challenging the impugned order of the fourth respondent dated 17.08.2017, returning the application of the petitioner, seeking approval of the school committee.

2.Heard Mr.M.Ajmal Khan, learned Senior Counsel appearing for the petitioner and Mr.Aayiram K.Selvakumar, learned Additional Government Pleader appearing for the respondents. By consent, the writ petition is taken up for final disposal at the stage of admission itself.

3.From a perusal of the impugned order, it could be seen that the fourth respondent has returned the proposal seeking certain clarifications with regard to the pendency of civil proceedings in O.S.No.193 of 2017 on the file of the Principal Sub Court, Tenkasi and WP(MD)No.16363 of 2012 filed before this Court. 4.Considering the fact that the fourth respondent has returned the proposal directing the petitioner to give clarifications as stated above, the petitioner is directed to submit explanation for the clarifications sought by the fourth respondent within a period of two weeks from the date of receipt of a copy of this order. On receipt of such explanation, the fourth respondent is directed to consider the claim of the petitioner and pass appropriate orders on merits and in accordance with law within a period of four weeks thereafter. 5.With the above direction, the writ petition is disposed of. No costs. Consequently, WMP(MD)Nos.407 and 408 of 2018 are closed.

Sd/- Assistant Registrar(AE) /True copy/ Sub Assistant Registrar To 1.The District Registrar, O/o.the District Registrar, Tenkasi, Tirunelveli District.

2.The Chief Educational Officer, Tirunelveli District, Tirunelveli - 9.

3.The District Elementary Educational Officer, Thirunelveli.

4.The Assistant Elementary Educational Officer, Alangulam, Alangulam Taluk, Tirunelveli District.

+1cc to M/S.Special Government Pleader,SR. 41460 +1cc to M/S.AJMAL ASSOCIATES.,Advocate,SR. 41222 WP(MD)No.403 of 2018 09.01.2018 MJ KK/SKN RSK/SAR 2/11.01.2018/3P- 7C/