A.H.Shafi Ahamed v. The District Collector
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 16.05.2018
CORAM:
THE HONOURABLE MR.JUSTICE M.SUNDAR W.P(MD)No.11103 of 2018 and W.M.P(MD)Nos.10160 and 10161 of 2018 A.H.Shafi Ahamed : Petitioner Vs.
1.The District Collector, Office of the Collector, 2.The District Elementary Educational Officer, Office of the District Elementary Educational Officer, Pudukottai Road, Trichy District, Trichy.
3.The Additional Assistant Elementary Educational Officer, Office of the Assistant Elementary Educational Officer, Pudukottai Road, Trichy District, Trichy.
4.The Inspector of Police, Office of the Navalpatthu Police Station, Thirverumbur, Trichy District.
5.J.Rabeek Raja : Respondents PRAYER: Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus, directing the respondents to take appropriate civil and criminal action to close down the School run by the 5th respondent in the name and style of Sharp Genious Nursery and Primary School at No.13, 3rd Street, Nethaji Nagar, Thiruverumbur, Trichy District without recognition and by considering the petitioner's representation dated 30.04.2018 within a period that may be stipulated by this Court. For Petitioner : Mr.H.Mohammed Imran, For R.1 to R.4 : Mr.S.Dhayalan, Government Advocate
O R D E R
This writ petition has been filed seeking a Writ of Mandamus, directing the respondents to take appropriate civil and criminal
action to close down the School run by the 5th respondent in the name and style of Sharp Genious Nursery and Primary School at No.13, 3rd Street, Nethaji Nagar, Thiruverumbur, Trichy District allegedly without recognition, by considering the petitioner's representation dated 30.04.2018 within a period that may be stipulated by this Court.
2. Mr.H.Mohammed Imran, learned Counsel for the petitioner is before this Court. Mr.S.Dhayalan, learned Government Advocate accepts notice on behalf of respondents 1 to 4.
3. Notwithstanding the prayer in the writ petition, learned Counsel for the petitioner abridges the prayer in the hearing and says that he will be satisfied, if there is a direction to the second respondent, i.e., The District Elementary Educational Officer, Pudukottai Road, Trichy District, Trichy to dispose of the representation of the petitioner dated 02.05.2018. 4.To be noted, writ petitioner has given a representation on 02.05.2018, which is at page No.36 of Typed Set of papers. 5.Also to be noted, respondent No.5 is a private respondent and as this writ petition is being disposed of at the admission stage, ie., without notice to respondent No.5, the writ petitioner shall send a copy of this order to respondent No.5, within three working days from the date of receipt of a copy of this order.
6. There shall be a direction to the second respondent to dispose of the representation dated 02.05.2018, given by the petitioner, within a fortnight from the date of receipt of a copy of this order. The second respondent shall put respondent No.5 on notice and give an opportunity to him to put forth his version, before disposing of the representation of the petitioner, pursuant to this order.
7. This writ petition is disposed of on above terms. No costs. Consequently, connected miscellaneous petitions are closed. Sd/- Vacation Officer /True Copy/ Sub Assistant Registrar To 1.The District Collector, Office of the Collector,
2.The District Elementary Educational Officer, Office of the District Elementary Educational Officer, Pudukottai Road, Trichy District, 3.The Additional Assistant Elementary Educational Officer, Office of the Assistant Elementary Educational Officer, Pudukottai Road, Trichy District, Trichy.
4.The Inspector of Police, Office of the Navalpatthu Police Station, Thirverumbur, +1CC to M/s Ajmal Associates in SR.No.65581, +1CC to the Special Government Pleader in SR.NO.65765. DSK/GK DS/SV/MMS/SAR-2 :29.05.2018: 3P/7C ORDER MADE IN W.P(MD)No.11103 of 2018 16.05.2018