Madras High CourtWP(MD)/10052/2015dismissed as withdrawal

P.A. Vidhya Bhavan Higher v. The District Collector

2015-07-03Honourable Mr Justice R. Mahadevan3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED :03.07.2015

CORAM

THE HONOURABLE MR.JUSTICE.R.MAHADEVAN W.P(MD).Nos.10052 and 10056 of 2015 P.A.Vidhya Bhavan Higher Secondary School, rep.by the Secretary, Kakkavadi Road, Thalapatti Village, Karur Taluk, Karur ... Petitioner in W.P.(MD).No.10052 of 2015 Karur Saraswathi Vidhyalaya Higher Secondary School, rep.by the Correspondent, Thulasikodumbu, Jegathabi, Karur Taluk & District.

..Petitioner in W.P.(MD).No.10056 of 2015 Vs 1.The District Collector, Karur District, Collectorate, Karur.

2.The District Educational Officer, Karur District, Karur.

3.The Assistant Director ( Panchayats), Town Planning Authority, Karur District, Karur.

...

Respondents in both Wps W.P.(MD).No.10052 of 2015 :

This Writ Petition has been filed under Article 226 of the Constitution of India praying for a Writ of Mandamus directing the 2nd Respondent to consider petitioner's letter dated 15.04.2015 to grant continuous renewal of recognition for their school by accepting existing building plan approval obtained from local authority and directing the 3rd Respondent to accept the school building plan approvals obtained from local authority and not to insist for new building plan approval from Town Planning Authority. W.P.(MD).No.10056 of 2015: This Writ Petition has been filed under Article 226 of the Constitution of India praying for a Writ of Mandamus directing the 2nd Respondent to consider petitioner's letter dated 31.03.2015 and grant continuous renewal of recognition for

their school by accepting existing building plan approval obtained from local authority and directing the 3rd respondent to accept the school building plan approvals obtained from local authority and not to insist for new building plan approval from Town Planning Authority. For both Writ Petitions :- For petitioners : M/s.R.Narayanan For R.1& 3 : Mr.N.S.Karthikeyan Government Advocate For R.2 : Mr.Mohammed Mohideen Additional Government Pleader COMMON ORDER The petitioners have come forward with these Writ Petitions praying for Writs of Mandamus to consider the representations of the petitioners dated 15.04.2015 and 31.03.2015 respectively, whereby, they seek the authorities concerned to consider the renewal of recognition of their respective schools.

2. Mr.N.S.Karthikeyan, learned Government Advocate takes notice for the respondents 1 and 3 and Mr.Mohammed Mohideen, Additional Government Pleader takes notice for the second respondent.

3. By consent, both the Writ Petitions are taken up for final disposal.

4. The learned counsel appearing for the petitioners would submit that it would be suffice if the representations of the petitioners are disposed of, by the respondents, on merits and in accordance with law, *in the light of the unreported decision of this Court in Kaviyan School, rep.

by its Correspondent, Mr.C.Deenathayalapandian v. The Director of Matriculation Schools, Directorate of Matriculation Schools, DPI Campus, Chennai - 600 006. (WP(MD)No. 20329 of 2014 decided on 06.04.2015) within the time stipulated by this Court.

5. The learned Government Advocate and the learned Additional Government Pleader appearing for the respondents would submit that the representations of the petitioners will be considered in accordance with law.

6. In view of the above, without going into the merits of the claim made by the petitioners in the Writ Petitions, the second respondent is directed to pass appropriate orders on the representations of the petitioners, dated 15.04.2015 and 31.03.2015

respectively, on merits and in accordance with law, *in the light of the unreported decision of this Court in Kaviyan School, rep. by its Correspondent, Mr.C.Deenathayalapandian v. The Director of Matriculation Schools, Directorate of Matriculation Schools, DPI Campus, Chennai - 600 006. [W.P(MD)No.20329 of 2014, decided on 06.04.2015], within a period of four weeks from the date of receipt of a copy of this order.

With the above direction, both the Writ Petitions stand disposed of. No costs.

Sd/- Assistant Registrar (R ) |* Order in cerportaial of this Hon'ble court dated 31.07.2015 by RMDJ For being mentioned Sd/- Assistant Registrar (CO) /True Copy/ Sub Assistant Registrar To TO BE SUBSTITUTED TO THE ORDER ALREADY DESPATCHED ON 29.07.2015 1.The District Collector, Karur District, Collectorate, Karur.

2.The District Educational Officer, Karur District, Karur.

3.The Assistant Director ( Panchayats), Town Planning Authority, Karur District, Karur.

+2cc to Mr.R.Narayanan, Advocate Sr.Nos.38105 and 38106 Akm/28.07.15 /3p-6c/ *TS/10.08.2015/2P - 6C AMF/ W.P(MD).Nos.10052 and 10056 of 2015 03.07.2015