R.Thiagarajan v. The Chief Educational Officer

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 20.04.2018

CORAM:

THE HONOURABLE MR.JUSTICE M.S.RAMESH W.P.(MD) No.8771 of 2018 R.Thiagarajan President Sri Renuka Hindu High School & Primary School Paripalana Committee, W. Pudupatti 626 116, Srivilliputtur Taluk, Virudunagar District.

... Petitioner vs.

1. The Chief Educational Officer Virudhunagar District.

2. The District Educational Officer Srivilliputtur, Virudunagar District.

... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Mandamus, directing the 2nd respondent herein to consider and pass orders on the petitioner's proposal dated 25.01.2018 seeking approval of School Committee and Secretary for Sri Renuka Hindu High School within a reasonable time as may be specified by this Court.

For Petitioner : Mr.E.V.N.Siva For Respondents : Mr.V.Anand Government Advocate

O R D E R

Mr.V.Anand, learned Government Advocate, takes notice for the respondents.

2. By consent of both parties, this writ petition is taken up for final disposal at the stage of admission itself. 3.

It is the grievance of the petitioner that his representation dated 25.01.2018 seeking to pass order on his proposal dated 25.01.2018 seeking approval of the school committee and secretary for Sri Renuka Hindu High School , has not been considered by the respondents till date and therefore, he has filed the present writ petition.

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4. This Court has not expressed any of its view with regard to the merits of the representation made by the petitioner. It is needless to point out that whenever a representation of this nature is made, the respondents are duty bound to consider the same in one way or the other. Non-consideration of the same would amount to dereliction of ordinary duties of their office and as such, this Court would be justified in invoking its powers conferred under Article 226 of the Constitution of India to direct them to consider the petitioner's representation within a stipulated time.

5. In view of the limited prayer sought for in this writ petition, there shall be a direction to the first respondent to consider the petitioner's representation dated 25.01.2018 on its own merits and take further action in accordance with law, within a period of six weeks from the date of receipt of a copy of this order. Such an exercise shall be done after giving due opportunity to the petitioner as well as to the persons who may be interested in the subject property.

6. With the above direction, this writ petition is disposed of. No costs.

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

1. The Chief Educational Officer Virudhunagar District.

2. The District Educational Officer Srivilliputtur, Virudunagar District.

+ 1 CC TO Mr.E.V.N.SIVA, ADVOCATE IN SR No. 62582 AAV TE/SV-MMS/SAR-3 : 25/04/2018 : 2P/4C W.P.(MD) No.8771 of 2018 20.04.2018 https://hcservices.ecourts.gov.in/hcservices/