Madras High CourtWP(MD)/12869/2017dismissed

S.Pitchaimani, v. The District Elementary

2017-09-18Honourable Mr Justice K. Kalyanasundaram2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 18.09.2017

CORAM

THE HONOURABLE MR.JUSTICE K.KALYANASUNDARAM W.P(MD)No.12869 of 2017 S.Pitchaimani, Son of Shanmugam, Secretary, Paramakudi Vaniyar Uravinmurai Pothusabai, 8/191, Kannaki Street, Paramakudi, Ramanathapuram District.

..Petitioner Vs 1.The District Elementary Education Officer, office of the District Elementary Educational Office, Educational Office, Ramanathapuram District.

2.The Assistant Elementary Educational Officer, office of the Assistant Elementary Educational Office, Educational Office, Ramanathapuram District.

3.P.Senthil Kumar, Secretary, Paramakudi Vaniyar Uravinmurai Pothusabai, 8/191, Kannaki Street, Paramakudi, Ramanathapuram District.

(R3 impleaded as per order of this Court made in W.M.P(MD)No.12700 of 2017 in W.P(MD)No.12869 of 2017, dated 11.09.2017) ..Respondents.

Prayer: Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus directing the respondents to dispose of the petitioner's representation dated 29.5.2017 in accordance with law and within the stipulated period fixed by this Court.

For Petitioner : Mr.S.Madhan Kumar For Respondents : Mr.C.Selvaraj, 1 and 2 Special Govt.Pleader https://hcservices.ecourts.gov.in/hcservices/ For Respondent-3 : Mr.M.Mahaboob Athiff

ORDER

The Petitioner has come up with the present Writ Petition for issuance of a Writ of Mandamus directing the respondents to dispose of the Petitioner's representation, dated 29.5.2017. 2.Heard the submissions made by Mr.S.Madhankumar, learned counsel for the Petitioner, Mr.C.Selvaraj, learned Special Government Pleader appearing for the respondents 1 and 2 and Mr.M.Mahaboob Athiff, learned counsel appearing for the third respondent and perused the materials placed before this Court. 3.The case of the Petitioner is that the authorities have rejected Form-VII filed by the third respondent, however, approved the transfer of educational agency. Hence the order should be cancelled.

4.The learned counsel for the third respondent would submit that Form-VII filed by the third respondent was registered by the authorities on 28.8.2017.The transfer of the educational agency was approved by the authorities on 15.5.2017.Without challenging the said order, the present Writ Petition is not maintainable. I find force in the submission of the learned counsel for the third respondent. Hence I am of the view that the Petitioner is not entitled for any relief as sought for in the present Writ Petition.

5.Accordingly, the Writ Petition stands dismissed. No costs. Sd/- Assistant Registrar(CS-III) /True Copy/ Sub-Assistant Registrar To 1.The District Elementary Education Officer, office of the District Elementary Educational Office, Educational Office, Ramanathapuram District. 2.The Assistant Elementary Educational Officer, office of the Assistant Elementary Educational Office, Educational Office, Ramanathapuram District. +One cc to M/s.Ajmal Associates, Advocate, SR.No.79547 +One cc to The Special Government Pleader, SR.No.79756 vsn RL/5C/2P/JC/SAR1/5/10/2017 W.P(MD)No.12869 of 2017 https://hcservices.ecourts.gov.in/hcservices/ 18.09.2017