The Director Of School Edu., v. S.M.M.Aru.Alamely Aurnachalam
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 28.03.2017
CORAM:
THE HONOURABLE MR.JUSTICE T.S.SIVAGNANAM AND THE HONOURABLE MR.JUSTICE N.SESHASAYEE W.A.[MD].No.273 of 2017 and C.M.P.[MD].No.2891 of 2017 1.The Director of School Education, DPI Campus, College Road, Chennai-600 006.
2.The Joint Director of School Education(Secondary), Office of Director of School Education, DPI Campus, College Road, Chennai-600 006.
3.The Chief Educational Officer, Pudukkottai District, Pudukkottai.
4.The District Educational Officer, Pudukkottai District, Pudukkottai.
: Appellants / Respondents 3 to 6 vs.
1.S.M.M.Aru.Alamelu Arunachalam High School, Panayapatti-622 406, Pudukkottai District, Represented by its Secretary, M.Murugappan : 1st Respondent/ Writ Petitioner 2.The District Collector, Pudukkottai District, Pudukkottai.
3.The Revenue Divisional Officer, Pudukkottai District, Pudukkottai.
: 2nd & 3rd Respondents/Respondents 1& 2 PRAYER: Writ Appeal is filed under Clause 15 of the Letters Patent to set aside the order dated 21.11.2013 in W.P.(MD).No.17936 of 2013, on the file of this Court.
Prayer in WP(MD). 17936/ 2013 :
Writ Petition is filed under Article 226 of the Constitution of India, praying this Court To issue a Writ of Mandamus directing the respondents to grant revewal of recognition to the petitioner school from 1.7.2019 onwards by considering the proposals submitted by the petitioner shcool dated 3.5.2013 without insisting for No objection Certificate/Clearance Certificate from
the Revenue Department in respect of the land in S.No.697/6 and 703/18 Melapanaiyur Village, Thirumayam Taluk, pudukottai district in which the petitioner school is located, in the facts and circumstances stated in the affidavit filed in support of the Wirt petition, with all consequential and other attendant benefits within a time frame to be fixed by this Honble Court. For Appellants : Mr.V.R.Shanmuganathan Special Government Pleader For R1 : Mr.G.Sankaran For R2 & R3 : Mr.V.Muruganantham, Additional Government Pleader
JUDGMENT
************* [Judgment of the Court was delivered by T.S.SIVAGNANAM, J.] Heard Mr.VR.Shanmuganathan, learned Special Government Pleader appearing for the appellants and Mr.G.Sankaran, learned counsel appearing for the 1st respondent/writ petitioner. 2.This appeal filed by the Director of School Education and his officers, is directed against the order passed in W.P.[MD]No.17936 of 2013 dated 21.11.2013. The Writ Petition was filed by the first respondent herein, for a direction upon the appellants herein, to grant renewal of recognition for their school from 01.07.2009, considering their application, without insisting for No Objection Certificate from the Revenue Department.
3.The problem arose on account of the fact that the school was established in Government land. However, the school has been established in the year 1949 and as of now, it is upgraded as High School. Up to the year 2009, there were no issue in obtaining the renewal of recognition. But the problem arose in 2009 because, when the Government in principle, agreed to transfer the lands to the 1st respondent on payment of appropriate value, the 1st respondent did not comply with the condition.
4.Subsequently, there was revision of rates and a demand for payment of Rs.2 Crores has been sent to the 1st respondent being the value of the land, so that, the land could be transferred to the school. This demand has been challenged by the 1st respondent by filing a separate writ petition and the same is pending. 5.The learned single Judge, in our considered view, has rightly allowed the writ petition bearing in mind the interest of the children who are studying in the school. The consequences of nonrenewal of recognition would be fatal to the institution and it may lead to closure. Therefore, the Court has appropriately balanced the interest of both parties and issued appropriate direction in the Writ Petition. Therefore, we are not inclined to interfere with the
order passed in the Writ Petition. However, we make it clear that any observation made by the learned single Judge or by us in this order will in no manner prejudice the rights of the parties and in particular, the rights of the appellants in the pending writ petition filed by the 1st respondent challenging the demand made for payment of the land value.
6.With the above observations, this Writ Appeal is dismissed. No costs. Consequently, connected miscellaneous petition is closed. Sd/- Assistant Registrar (CS-I) /True copy/ Sub Assistant Registrar To 1.The Director of School Education, DPI Campus, College Road, Chennai-600 006.
2.The Joint Director of School Education(Secondary), Office of Director of School Education, DPI Campus, College Road, Chennai-600 006.
3.The Chief Educational Officer, Pudukkottai District, Pudukkottai.
4.The District Educational Officer, Pudukkottai District, Pudukkottai.
5.The District Collector, Pudukkottai District, Pudukkottai.
6.The Revenue Divisional Officer, Pudukkottai District, Pudukkottai.
+1 CC to M/s.G.SANKARAN, Advocate, SR No. 18725 +1 CC to M/s. THE SPECIAL GOVERNMENT PLEADER, SR No. 18927 MYR PSM/MR/SAR3/20.04.2017/3P/9C JUDGMENT MADE IN W.A.[MD].No.273 of 2017 28.03.2017