St.Francis De Paul v. The Director Of Government

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 13.07.2018

CORAM:

THE HONOURABLE MR.JUSTICE M.S.RAMESH W.P.(MD) No.15136 of 2018 St.Francis De Paul Matriculation School rep.by its Correspondent G.Sarvesh Arasankulam Village Vadakku Ariyanayagipuram Post Cheranmahadevi Taluk Tirunelveli District ... Petitioner vs.

1.The Director of Government Examinations DPI Campus, College Road Chennai-600 006 2.The Director of Matriculation Schools DPI Campus, College Road Chennai-600 006 3.The Chief Educational Officer Tirunelveli District, Tirunelveli 4.The Deputy Director of Town and Country Planning Tirunelveli ... Respondents PRAYER : Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Mandamus, directing the fourth respondent to dispose the application of the petitioner school dated 07.11.2017 and 22.11.2017 seeking bulding plan approval and building license to the petitioner school situate in 3 acres of land comprised in Sy.Nos.649/2A2 & 649/2B of Arasakulam Village, Vadakku Ariyanayakipuram Village, Panchayat, Cheranmahadevi Taluk, Tirunelveli District, within a stipulated time. For Petitioner :

Mrs.L.Victoria Gowri For Respondents :

Mr.S.Nagarajan Special Government Pleader

O R D E R

Mr.S.Nagarajan, learned Special Government Pleader, 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-School that their applications dated 07.11.2017 and 22.11.2017 seeking for building plan approval and building license, have not been disposed by the https://hcservices.ecourts.gov.in/hcservices/

respondents till date and therefore, they have filed the present writ petition.

4. This Court has not expressed any of its view with regard to the merits of the applications made by the petitioner. It is needless to point out that whenever an application of this nature is made, the respondents are duty bound to dispose the same in one way or the other. Non-disposal 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 dispose the petitioner's applications within a stipulated time.

5. In view of the limited prayer sought for in this writ petition, there shall be a direction to the fourth respondent to dispose the petitioner's applications dated 07.11.2017 and 22.11.2017 on its own merits and in accordance with law, within a period of four 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 matter.

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

Sd/- Assistant Registrar (AS) /True Copy/ Sub Assistant Registrar(CS-IV) To:

1.The Director of Government Examinations, DPI Campus, College Road, Chennai-600 006.

2.The Director of Matriculation Schools, DPI Campus, College Road, Chennai-600 006.

3.The Chief Educational Officer, Tirunelveli District, Tirunelveli.

4.The Deputy Director of Town and Country Planning, Tirunelveli.

+1CC to M/s.L.Victoria Gowri Advocate in SR.No.72988. KRK DS/SKN/SAR-4:24.07.2018: 2P/6C W.P.(MD) No.15136 of 2018 13.07.2018 https://hcservices.ecourts.gov.in/hcservices/