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Madras High CourtWP(MD)/10740/2017dismissed

S.H.Rizwan v. The Secretary To Tamilnadu

2017-08-07Honourable Mr Justice K.K. Sasidharan,Honourable Mr Justice G.R.Swaminathan3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 07.08.2017

CORAM:

THE HONOURABLE MR.JUSTICE K.K.SASIDHARAN and THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN W.P.(MD)No. 10740 of 2017 and W.M.P(MD).No.8186 & 8187 of 2017 S.H.Rizwan .. Petitioner Vs.

1.The Secretary to Tamilnadu Government, School Education Department, Fort St.George, Chennai-600 009.

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

3.The Director of School Education, College Road, Chennai-600 006.

4.The Inspector of matriculation Schools, Virudhunagar-626 001.

5.The Tuticorin Diocesan Association, (Reg.No.S1/37-38 dated 14.04.1937) 82, G.C.Road, Thoothukudi-628 001.

6.Sacred Heart Higher Secondary School, Satankulam, Thoothukudi District-628 704, rep. by its Correspondent.

7.St.Joseph's Girls Higher Secondary School, Satankulam, Thoothukudi District-628 704, rep. by its Correspondent.

8.Mary Immaculate Matriculation School, Ittamozhi Road, Satankulam, Thoothukudi District-628 704, rep. by its Correspondent.

9.Thiru Rameshwara Murugan, Director, State Council of Educational Research and Training, DPI Campus, College Road, Chennai-600 006.

10.Tmt. Vijaya Rani, Inspector of Matriculation Schools, Virudhunagar-626 001.

11.The Deputy Director of Town and Country Planning, 108, Trivandrum Road, Tirunelveli-627 002.

12.The Tahsildar, Satankulam Taluk, Satankulam, Thoothukudi District-628 704.

13.The Roman Catholic Diocese of Tuticorin, Reg.No.48/2016, 1/81, Ave Maria Park, Pannamparai Junction, Santankulam-628 704, Thoothukudi District.

... Respondents PRAYER: Petition filed under Article 226 of the Constitution of India to issue a Writ of Certiorarified Mandamus, calling for the records relating to the impugned proceedings in Na.Ka.No.67/2016 Thili Ma3 dated 03.02.2016 of the 11th respondent and impugned proceedings in O.Mu.No.3054/B4/2016 dated 29.06.2016 of 2nd respondent and to quash the same and consequently, direct the 1st respondent to take appropriate action against the respondents 2 to 11 in accordance with law.

For Petitioner : Mr.N.Balakrishnan For Respondents No.1 to 4 : Mr.M.Govindan Special Government Pleader For Respondent No.5 : Mr.R.Murali For Respondent No. 10 : Mr.V.Sankaranarayanan

O R D E R

*********** [Order of the Court was made by G.R.SWAMINATHAN, J.] The Director of Matriculation Schools, by order dated 29.06.2016, gave permission to Mary Immaculate Matriculation School to commence class from 2016-2017.

2. The writ petitioner claims that he has filed this writ petition in public interest, when the writ petition was taken up for disposal, it was pointed out by the learned counsel appearing for the respondents 5 to 8 that already the very same order impugned in the present writ petition was challenged in W.P.(MD).No.8173 of 2017 by one Mr.S.Albert. The said writ petition was dismissed as withdrawn.

3. The learned counsel, who filed the said W.P(MD).No.8173 of 2017, is the counsel on record in the present writ petition also. Except difference in the name of the writ petitioner, everything else is same and absolutely, no public interest is involved in the matter. There are some internal disputes in the Roman Catholic Diocese of Tuticorin. This Court is of the view that the present writ petition is abuse of process of law.

4. This writ petition stands dismissed.

No costs.

Consequently, connected Miscellaneous Petitions are closed. Sd/- Assistant Registrar(C.O) /True Copy/ Sub-Assistant Registrar To:

1.The Secretary to Government of Tamil Nadu, School Education Department, Fort St.George, Chennai-600 009. 2.The Director of Matriculation Schools, College Road, Chennai-600 006.

3.The Director of School Education, College Road, Chennai-600 006. 4.The Inspector of matriculation Schools, Virudhunagar-626 001. 5.The Deputy Director of Town and Country Planning, 108, Trivandrum Road, Tirunelveli-627 002. 6.The Tahsildar, Satankulam Taluk, Satankulam, Thoothukudi District-628 704.

+One cc to Mr.V.Rajiv Rufus, Advocate, SR.No.71021 +One cc to Mr.V.John Kennedy, Advocate, SR.No.71067 +One cc to The Special Government Pleader, SR.No.71484 rmk/das RL/10C/2P/KK/SAR1/17/11/2017 ORDER MADE IN W.P.(MD)No. 10740 of 2017 and W.M.P(MD).No.8186 & 8187 of 2017 07.08.2017