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Madras High CourtWP(MD)/14966/2017disposed of

K.Poomarimuthu, v. Joint Directorof Secondary

2019-03-07Honourable Mr Justice R. Mahadevan2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED :07.03.2019

CORAM:

THE HONOURABLE MR.JUSTICE R.MAHADEVAN W.P.(MD)No.14966 of 2017 and W.M.P.(MD)No.11790 of 2017 K.Poomarimuthu ... Petitioner Vs.

1.The Joint Director of Secondary Education, College Road, Chennai - 600 006.

2.The District Educational Officer, Srivilliputhur Educational District, Srivilliputhur - 626 125, Virudhunagar District.

3.The Secretary, A.A.G.M.High School, No.18, C.V.Raman Salai, Alwarpet, Chennai - 600 018.

4.K.Balasikhamani ... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India praying for issuance of a Writ of Mandamus, to direct the first respondent to take up and pass other appropriate further orders, in continuation of his proceedings in Na.Ka.No.048610/G2/E1/2016, dated 15.03.2017, and on the basis of the representation dated 03.05.2017 made by the petitioner to the first respondent to withdraw permanently the recognition of A.A.Gurusamy Memorial High School, Sankarapandiapuram, Chathirapatti- 626 102, Virudhunagar District, under Section 12 of the Tamil Nadu Recognized Private Schools (Regulation) Act, 1973, for the appointment of a Special Officer under Section 18-A and to take over its management under Section 34 thereto, within a time frame as may be fixed by this Hon'ble Court.

For Petitioner : Mr.N.Subramanian For R1 and R2 : Mr.S.Srimathy Special Government Pleader For R3 and R4 : Mr.S.Visvalingam https://hcservices.ecourts.gov.in/hcservices/ ***

ORDER

Seeking a direction to take over the management of the third respondent school and to appoint a Special Officer, on the basis of the order of the first respondent and also on the basis of the representation of the petitioner, the present writ petition has been filed.

2.Heard the learned Counsel appearing on both sides. 3.Though the prayer in the writ petition is to cancel the recognition granted to the third respondent School, the learned Counsel for the petitioner confines the prayer to the effect that the representation of the petitioner may be considered in the light of proceedings of the first respondent, dated 15.03.2017, within the time stipulated by this Court.

4.The learned Special Government Pleader is also agreed with the submission of the learned Counsel for the petitioner. 5.Under such facts and circumstances of the case, this Court, without going into the merits of the case, directs respondents 1 and 2 to consider the representation of the petitioner, dated 03.05.2017, on merits and in accordance with law and also in the light of proceedings of the first respondent, dated 15.03.2017 and pass appropriate orders, within a period of eight weeks from the date of receipt of a copy of this order. 6.The writ petition is disposed of, on the above terms. No costs. Consequently, connected miscellaneous petition is closed. Sd/- Assistant Registrar (CS-III) // True Copy // Sub Assistant Registrar() cmr To 1.The Joint Director of Secondary Education, College Road, Chennai - 600 006.

2.The District Educational Officer, Srivilliputhur Educational District, Srivilliputhur - 626 125, Virudhunagar District. +1. C.C. to Mr.S.Visvalingam Advocate SR.No.52389 +1. C.C. to Special Government Pleader SR.No.52671 ORDER MADE IN W.P.(MD)No.14966 of 2017 TK/SAR- /15.04.2019/2P/5C https://hcservices.ecourts.gov.in/hcservices/