The Correspondent / v. The Director
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED :09.10.2017
CORAM:
THE HONOURABLE MR.JUSTICE R.MAHADEVAN W.P(MD)No.17085 of 2017 The Correspondent /Secretary, Rep by B.Jamuvel James.
Shelton Memorial Primary School, 3,Jawahar Street, Thirumangalam Taluk, Madurai District.
... Petitioner Vs.
1. The Director, Municipal Administration, Chennai.
2. The Commissioner, Thirumangalam Municipality, Thirumangalam, Madurai District.
... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India praying for issuance a writ of Mandamus, directing the respondents to issue the sanitary certificate to the petitioner school by considering the petitioner's representation dated 27.07.2017.
For Petitioner : Mr.R.Satish For Respondents : Mr. J.Gunaseelan Muthiah, Government Advocate
ORDER
This writ petition is filed seeking a writ of Mandamus, directing the respondents to issue the sanitary certificate to the petitioner school by considering it's representation dated 27.07.2017.
2.The learned counsel appearing for the petitioner would submit that the petitioner is running the school in question, wherein 330 students are studying. The petitioner has applied for
renewal of sanitary certificate before the second respondent, who in turn inspected the school and pointed out certain deficiencies. Though, subsequently, the same have been rectified by the petitioner school, the respondent has not renewed the sanitary certificate. Hence, the petitioner by representation dated 27.07.2017 requested the second respondent to renew the sanitary certificate, which has not been considered by respondent till date. Hence, the petitioner school has come before this Court seeking to direct the respondents to consider its claim. 3.The learned Government Advocate on instructions submitted that some deficiencies were found at the time of inspecting the petitioner school and in order to get it rectified, the sanitary certificate was not renewed by the authorities. 4.This Court, by order dated 19.09.
2017, appointed an Advocate Commissioner who was directed to file a report in respect of the status of the building and the situation prevailed thereon. Accordingly, on 22.09.2017, the Advocate Commissioner filed the report, wherein it has been stated that some facilities are lacking there.
5.At this Juncture, the learned counsel for the petitioner submitted that after the inspection of the Advocate Commissioner, the deficiencies pointed out have been rectified and prays for appropriate orders.
6.Since it has been submitted that the deficiencies have been rectified, the petitioner is directed to place all the required certificates as well as the details before the concerned authorities for consideration within a period of two weeks from the date of receipt of a copy of this order and upon such production, the respondents are directed to consider the representation of the petitioner dated 27.07.2017, on merits and
in accordance with law and pass necessary orders, after conducting necessary inspection, within a period of four weeks, therefrom. 7.With the above directions, the writ petition is disposed of. No Cost.
Sd/- Assistant Registrar(RTI) /True Copy/ Sub Assistant Registrar To
1. The Director, Municipal Administration, Chennai.
2. The Commissioner, Thirumangalam Municipality, Thirumangalam, Madurai District.
+1cc to M/S.R.SATISH, Advocate SR.No.82001.
+1cc to Special Government Pleader, SR.No. 82152. ORDER MADE IN W.P(MD)No.17085 of 2017 09.10.2017 dsk SDS/SV:MMS/SAR 1/27.10.2017/3P/5C