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Madras High CourtWP(MD)/16608/2019disposed of

V.Dasaradha Boopathi v. The District Collector

2019-09-05Honourable Mr Justice M. Sundar3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 05.09.2019

CORAM:

THE HONOURABLE MR.JUSTICE M.SUNDAR V.Dasaradha Boopathi, Secretary, Chest Aangelin School for Differentially Abled (CASDA), No.25/38, North Car Street, Ramanathapuram, Ramanathapuram District.

... Petitioner vs.

1.The District Collector, District Collector Office, Ramnad, Ramnad District.

2.The District Revenue Officer, District Revenue Office, District Collector Office, Ramnad, Ramnad District.

3.The District Rehabilitation Welfare Officer, District Rehabilitation Welfare Office, Ramnad, Ramnad District.

4.The Commissioner for the Differently abled Jawaharlal Nehru Inner Ring Road, K.K.Nagar, Chennai-600 078.

... Respondents (fourth respondent impleaded vide order dated 05.08.2019 made in W.M.P(MD).No.13583 of 2019 in W.P(MD).No.16608 of 2019) PRAYER: Writ Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Mandamus, to direct the third respondent herein to renew the recognition as well as disburse the aid for the year 2018-19 to Chest Aangelin School For Differentially abled (CASDA), Ramnad, Ramnad District in the light of petitioner's representation dated 20.05.2019 within a stipulated period as may be fixed by this Court. For Petitioner : Mr.R.Sundar For Respondents : Mr.M.Pandiarajan Additional Government Pleader 1/3

ORDER

Mr.R.Sundar, learned counsel on record for writ petitioner is before this Court.

2. Mr.M.Pandiarajan, learned Additional Government Pleader accepts notice on behalf of all respondents.

3. With consent of learned counsel on both sides, main writ petition is taken up, heard out and is being disposed of.

4. The main writ petition turns on a very narrow compass, as it is one seeking mandamus qua disposal of writ petitioner's representation dated 20.05.2019 wherein renewal of recognition as well as the disbursement of aid for the year 2018-19 for writ petitioner's institution for Differentially abled (CASDA) Children, is sought.

5.Notwithstanding several averments made in the affidavit filed in support of the writ petition, notwithstanding several grounds raised / contentions urged in the affidavit filed in support of instant writ petition, learned counsel for writ petitioner abridges the scope of the writ petition and submits that it will suffice if the third respondent is directed to dispose of the aforementioned representation of the writ petitioner, dated 20.05.2019.

6. Learned State counsel submitted that the third respondent is the authority who shall consider the aforementioned representation dated 20.05.2019 made by the writ petitioner ( page No.9 of the typed set of papers forming part of the case file).

7. It is made clear that in the course of the representation being considered by the third respondent, if the rights of any other third party / parties or any other third party entity / entities is / are likely to be affected, the fourth respondent shall give reasonable opportunity to such third party / parties or any other third party entity / entities, before disposing of the aforementioned writ petitioner's representation. Though obvious, it is made clear that this Court has not expressed any opinion or view on the merits of the matter.

8. The aforesaid representation dated 20.05.2019 shall be disposed of by the third respondent on its own merits and in accordance with law as expeditiously as possible and in any event, within a period of eight weeks from the date of receipt of a copy of this order.

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9.The proceeding / order of disposal shall be communicated by the office of the third respondent to the writ petitioner under due acknowledgement within seven working days from the completion of aforesaid exercise.

10. Instant Writ Petition is disposed of with the above directions. No costs.

Sd/- Assistant Registrar (AD I) // True Copy // Sub Assistant Registrar(CS) rmk To 1.The District Collector, District Collector Office, Ramnad, Ramnad District.

2.The District Revenue Officer, District Revenue Office, District Collector Office, Ramnad, Ramnad District.

3.The District Rehabilitation Welfare Officer, District Rehabilitation Welfare Office, Ramnad, Ramnad District.

4.The Commissioner for the Differently abled Jawaharlal Nehru Inner Ring Road, K.K.Nagar, Chennai-600 078.

+1 CC to M/s.R.SUNDAR, Advocate ( SR-85479[F] dated 06/09/2019 ) +1 CC to M/s.GP ( SR-85909[F] dated 09/09/2019 ) 05.09.2019 KM/(27.09.2019) 3P 7C 3/3