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Madras High CourtWP(MD)/7675/2015disposed of

Ramdoss v. The Director

2019-04-11Honourable Mr Justice R. Mahadevan2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED:11.04.2019

CORAM

THE HONOURABLE MR.JUSTICE R.MAHADEVAN W.P(MD)No.7675 of 2015 and M.P.(MD)No.1 of 2015 Ramdoss ... Petitioner vs.

1. The Director, Tamilnadu Elementary Education Department, College Road, Chennai.

2. The District Elementary Education Officer, District Elementary Education Office, Allinagaram, Theni District.

3. The Additional Elementary Education Officer, Additional Elementary Education Office, Bodinaickanur, Theni District.

4. P.Kamal ... Respondents (R.4 is impleaded vide Court order dated 09.03.2016 in M.P.(MD)No.2 of 2015) PRAYER: Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus, directing the respondents to remove the Panchayath Union Middle School, Kurangani, Bodinaickanur, Theni District from the hill area schools list and treated as a normal plain area school.

For Petitioner : Mr.S.A.Ajmal Khan For Respondents : Mrs.S.Srimathy Special Government Pleader for R.1 to R.3 : Mr.T.Lajapathy Roy for R.4

ORDER

The Writ Petition is filed seeking a direction to the respondents to remove the Panchayat Union Middle School, Kurangani, Bodinaickanur, Theni District from the hill area schools list and treated as a normal plain area school.

2. Heard the learned Counsel appearing for the petitioner and the learned Special Government Pleader appearing for the respondents 1 to 3 and the learned Counsel appearing for the fourth respondent. https://hcservices.ecourts.gov.in/hcservices/

3. On perusal of the records, it is seen that the status of the Panchayat Union Middle School, Kurangani, Bodinaickanur is not a school as projected in the writ petition and hence, no direction needs to be passed in favour of the petitioner.

4. At this juncture, the learned Counsel appearing for the petitioner seeks liberty to the petitioner to approach the respondent authorities with all the necessary details for appropriate relief, for which, the learned Counsel appearing for the respective respondents have no serious objection.

5. In view of the above submissions, the petitioner is granted liberty to approach the respondent authorities with a fresh representation with all the necessary details within a period of two weeks from the date of receipt of a copy of this order. On filing of such representation, the respondent authorities shall consider the same and pass appropriate orders, on merits and in accordance with law, after affording an opportunity of hearing to the petitioner as well as all other interested parties, within a period of six weeks thereafter.

6. Accordingly, the Writ Petition stands disposed of. No costs.

sd/ Assistant Registrar(C-II) /True Copy/ Sub Assistant Registrar To

1. The Director, Tamilnadu Elementary Education Department, College Road, Chennai.

2. The District Elementary Education Officer, District Elementary Education Office, Allinagaram, Theni District.

3. The Additional Elementary Education Officer, Additional Elementary Education Office, Bodinaickanur, Theni District.

+1 CC to Mr.S.A.AJMAL KHAN, Advocate ( SR-60422[F] dated 11/04/2019 ) +1 CC to SPL GP ( SR-60743[F] dated 12/04/2019 ) +1 CC to M/s.T.LAJAPATHI ROY, Advocate ( SR-61038[F] dated 15/04/2019 ) W.P(MD)No.7675 of 2015 11.04.2019 SSL MK/17.05.2019/2P/7C https://hcservices.ecourts.gov.in/hcservices/