Madras High CourtWP(MD)/6049/2017dismissed

M.Mahendran, v. The Principal Secretary To

2017-10-06Honourable Mr Justice R. Mahadevan3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 06.10.2017

CORAM

THE HONOURABLE MR.JUSTICE R.MAHADEVAN W.P.(MD) No.6049 of 2017 and W.M.P.(MD) No.4775 of 2017 M.Mahendran ... Petitioner -vs1.

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

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

The Joint Director of School Education (Higher Secondary), DPI Campus, College Road, Chennai-600 006.

The Chief Educational Officer, O/o.The Chief Educational Officer, Tirunelveli.

The District Educational Officer, Tirunelveli District, Tirunelveli.

The District Elementary Educational Officer, Tirunelveli District, Tirunelveli.

The District Registrar, Tenkasi, Tirunelveli District.

Hindu Nadar Uravin Murai Committee, Higher Secondary School Rep. by its Secretary, Ariyanagipuram, Kadaiyanallor Taluk, Tirunelveli District.

C.Vaithiyalingam 10.

C.Muthiah ... Respondents

PRAYER: Writ Petition filed under Article 226 of the Constitution of India to issue a Writ of Mandamus, directing the 4th respondent to dispose the Appeal filed by the petitioner dated 23.11.2016 and consequently direct the 5th respondent to keep in abeyance the proceeding in Na.Ka.No.5868/A5/2014 dated 31.08.2016 till the disposal of the said Appeal as well as the disposal of the Civil Suit in O.S.No.191 of 2012 on the file of the District Munsif Court, Sankarankovil with regard to Approval of school committee as per Section 53(A) of Tamil Nadu Recognized Private School (Regulation) Act, 1973 within the time to be stipulated by this Hon'ble Court. For Petitioner : Mr.J.Anand Kumar For R1 to R7 : Mr.T.S.Mohammed Mohideen Addl. Govt. Pleader For R8 to R10 : Mr.D.Nalla Thambi

O R D E R

This writ petition has been filed, seeking a direction to the 4th respondent to dispose of the Appeal filed by the petitioner dated 23.11.2016 and consequently direct the 5th respondent to keep in abeyance the proceeding in Na.Ka.No.5868/A5/2014 dated 31.08.2016 till the disposal of the said Appeal as well as the disposal of the Civil Suit in O.S.No.191 of 2012 on the file of the District Munsif Court, Sankarankovil with regard to Approval of school committee as per Section 53(A) of Tamil Nadu Recognized Private School (Regulation) Act, 1973.

2. When the matter was taken up for hearing, the learned Additional Government Pleader appearing for R1 to R7 and the learned counsel for R8 to R10 would submit that the prayer sought for by the petitioner has become infructuous, as the appeal itself had already been disposed of by the 4th respondent by proceedings dated 05.04.2017 and a copy of the same had also been communicated to the petitioner. The said submission is recorded.

3. In view of the above submissions, this Court is of the view that nothing survives for further adjudication in this matter. Hence, this petition is dismissed as infructuous. No costs. Consequently, connected miscellaneous petition is closed. Sd/- Assistant Registrar (CS-I) /True Copy/ Sub Assistant Registrar

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