Madras High CourtWP(MD)/4885/2017closed

R.Vivekananthan, v. The State Of Tamil Nadu

2019-03-18Honourable Mr Justice R. Mahadevan3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 18.03.2019

CORAM:

THE HONOURABLE MR.JUSTICE R.MAHADEVAN W.P(MD) No.4885 of 2017 and W.M.P.(MD)No.3924 of 2017 R.Vivekananthan ... Petitioner vs 1.The State of Tamil Nadu, represented by its Principal Secretary, School Education Department, Secretariat, Chennai-9.

2.The Director of School Education, DPI Campus, Chennai-6.

3.The Chief Educational Officer, O/o the Chief Educational Officer, Madurai District.

4.The District Educational Officer, O/o the District Educational Officer, Usilampatti, Madurai District.

5.The District Educational Officer, Elementary Education Section, Madurai District.

6.K.Chinnachamy 7.B.Thirupathy 8.R.Prakasamoorthi 9.K.Balachander ... Respondents PRAYER:

Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus, directing the Respondent Nos.1 to 5 to cancel the approval granted to the existing School Committee comprising of Respondent No.6 to 9 of Sri Kandasamy Vidyalayam Higher Secondary School and to nominate an officer to discharge the functions of the educational agency in accordance with Section 53-A of the Tamil Nadu Recognized Private Schools (Regulation) Act 1973 within the stipulated time as fixed by this Court.

For Petitioner : Mr.K.P.Sankarakaruppanan For Respondents : Mr.C.M.Marichelliah Prabhu Additional Government Pleader for R.1 to R.5 : Mr.P.T.S.Narendravasan for R.6 to R.9

ORDER

When the matter is taken up for hearing, the learned counsel appearing for the respondents 6 to 9 submitted that subsequent to the filing of the writ petition, a suit came to be filed in O.S.No.213 of 2002 and the same was decreed, against which, A.S.No.43 of 2016 has been filed by the respondents 6 to 9 and the same is said to be pending.

2. In such view of the matter, this Writ Petition stands closed, leaving it open to the respective parties to agitate their respective claims before the competent Courts. No costs.

Consequently, the connected Miscellaneous Petition is closed. Sd/- Assistant Registrar / True Copy / Sub Assistant Registrar(CS) To 1.The Principal Secretary, State of Tamil Nadu, School Education Department, Secretariat, Chennai-9.

2.The Director of School Education, DPI Campus, Chennai-6.

3.The Chief Educational Officer, O/o the Chief Educational Officer, Madurai District.

4.The District Educational Officer, O/o the District Educational Officer, Usilampatti, Madurai District.

5.The District Educational Officer, Elementary Education Section, Madurai District.

+1CC to M/s.PT.S.NARENDRAVASAN, Advocate (SR-54700[F]dated 18/03/2019) +1 CC to M/s.SPL GP ( SR-54932[F] dated 19/03/2019 ) ( SR-55112[F] dated 19/03/2019 ) W.P(MD)No.4885 of 2017 18.03.2019 ES/KK/15.04.2019/3P/8C