Tamilnadu Typewriting -Shorthand v. The State Govt. Of Tamil Nadu

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 03.09.2020

CORAM

THE HONOURABLE MR.JUSTICE M.SATHYANARAYANAN AND THE HONOURABLE MR.JUSTICE P.RAJAMANICKAM W.P.(MD)No.6581 of 2020:

TamilNadu Typewriting - Shorthand - Computer Institutes Sangam (Reg.No.18/2018), No.140, North Car Street, Srivilliputhur, Virudhunagar District, Rep. by its President, Soma Sankar ... Petitioner Vs.

1.The State Government of TamilNadu, Rep. by its Chief Secretary, 2.The Principal Secretary to Government of TamilNadu, 3.The Commissioner, ... Respondents Prayer : Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus, directing the respondents herein to consider the representations dated 01.06.2020 given by the writ petitioner Sangam to give relaxation from lockdown for opening the Institutes run by the members of Writ Petitioners Associations.

For Petitioner : Mr.AL.Kannan For Respondents : Mrs.S.Srimathy Special Government Pleader W.P.(MD)No.8927 of 2020:

TamilNadu Typewriting - Computer Institutes Association (Reg.No.43/2016), 19, Melaponnagaram Main Road, Madurai - 625 016.

Rep. by its State President L.Senthil ... Petitioner 1/4

Vs.

1.The State of TamilNadu, Rep. by its Chief Secretary to Government, 2.The Principal Secretary to Government, State of TamilNadu, 3.The Director, ... Respondents Prayer : Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus, directing the respondents to give appropriate and suitable relaxation from lockdown for reopening and running the Government approved typewriting and computer institutions by considering the representation dated 19.05.2020 given by the petitioner. For Petitioner : Mr.S.Meenakshi Sundaram Senior Counsel for M/s.M.Sengu Vijay For Respondents : Mr.R.Murugan Additional Government Pleader * * * * * COMMON ORDER [Order of the Court was made by M.SATHYANARAYANAN, J.] This Court, in continuation and in conjuncture with the earlier order dated 06.08.2020, is passing the following order. 2.Since the issue that arose for consideration in these Writ Petitions is one and the same, they are disposed of by this common order.

3.The matter in issue pertains to permission to open the Typewriting - Shorthand - Computer Institutes all over Tamil Nadu, which were ordered to be closed due to outbreak of COVID - 19 Pandemic Virus.

4.Mr.S.Meenakshi Sundaram, learned Senior Counsel, assisted by Mr.M.Sengu Vijay, learned counsel appearing for the petitioner in 2/4

W.P.(MD) No.8927 of 2020 and Mr.AL.Kannan, learned counsel for the petitioner in W.P.(MD) No.6581 of 2020 have drawn the attention of this Court to the announcement/notification in Statement No.182, dated 30.08.2020, made by the Hon'ble Chief Minister and would submit that as per page No.4, Paragraph No.11 of the said notification, the institutions imparting skill and industrial training are allowed to open subject to following of the standard operating procedure and hence, nothing remains for consideration in these Writ Petitions.

5.This Court considered the rival submissions and perused the materials placed on record.

6.In the light of the above said notification dated 30.08.2020, nothing remains for further adjudication in these Writ Petitions. Insofar as the claim of ex-gratia to the members of the Association during the period of lockdown is concerned, there are at liberty to pursue the said remedy in the form of reminders to the representations already made, and as and when the reminders are received the concerned officials shall consider the same and give earlier disposal in accordance with law.

7.These Writ Petitions are closed subject to the above observations. However, in the facts and circumstances of the case, there shall be no order as to the costs.

Sd/- Assistant Registrar (CS-III) // True Copy // / /2020 Sub Assistant Registrar(CS) sj Note: In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate/litigant concerned To 1.The Chief Secretary, Government of TamilNadu, 2.The Principal Secretary to Government of TamilNadu, 3/4

3.The Commissioner, 4.The Director, +1 CC to SPL GP ( SR-15967[F] dated 04/09/2020 ) 03.09.2020 VB (14.09.2020) 4P 6C 4/4