Madras High CourtWP(MD)/17791/2016dismissed as infructuous

K.Pari, S/O.Kandhavel Pillai, v. The State Of Tamil Nadu

2019-06-20Honourable Mr Justice D. Krishnakumar2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 20.06.2019

CORAM:

THE HONOURABLE MR.JUSTICE D.KRISHNAKUMAR W.P(MD)No.17791 of 2016 and WMP(MD)Nos.12831 and 12832 of 2016 K.Pari ... Petitioner Vs.

1. The State of Tamil Nadu, rep.by its Secretary to Government, School Education Department, Secretariat, Fort St. George, Chennai - 600 009.

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

3. The District Educational Officer, Theni District, Theni.

4. The Additional Assistant Elementary Educational Officer, Chinnamannur, Theni District.

5. The President, T.P.V.Vellalar Uravinmurai Sangam, Chinnamanur - 625 515, Theni District.

6. P.Selvananthan ... Respondents Prayer: Petition filed under Article 226 of the Constitution of India, to issue a Writ of Certiorari to call for the records relating to the Impugned Proceedings issued by the 3rd respondent in Mu.Mu.No.1188/Aa5/2016 dated 29.04.2016 and the consequential impugned proceedings in Na.Ka.No.2498/A5/2016 dated /05/2016 signed on 13.07.2016 and to quash the same and consequently directing the 3rd respondent to pass appropriate orders for cancelling the approval of School Committee granted as per the proceedings in Mu.Mu.No.1188/Aa5/2016 dated 29.04.2016 due to disqualification suffered by the 6th respondent as per Rule 12(5)(e) of the Tamil Nadu Recognized Private School Regulation Rules, 1974. For Petitioner : No appearance For R1 to R4 : Mrs.S.Srimathy Special Government Pleader For R5 : Mr.L.Prabhu For R6 : Mr.M.C.Swamy https://hcservices.ecourts.gov.in/hcservices/

ORDER

This writ petition has been filed challenging the impugned proceedings of the third respondent dated 29.04.2016, granting approval to the sixth respondent as one of the Committee Members as per Rule 12(5)(e) of the Tamil Nadu Recognized Private School Regulation Rules, 1974.

2.Today, when the matter is taken up for hearing, there is no appearance on behalf of the petitioner.

3.The learned counsel for the sixth respondent submitted that approval to the sixth respondent was granted on 29.04.2016 and as per the relevant provisions, period of three years has come to end on 29.04.2019 and therefore, nothing survives for adjudication in this writ petition. The learned counsel further submitted that the sixth respondent has retired from service on 30.05.2019. 4.Recording the submissions so made, this writ petition is dismissed as infructuous. No costs. Consequently, WMP(MD)Nos.12831 and 12832 of 2016 are closed.

Sd/- Assistant Registrar (CS-II) // True Copy // Sub Assistant Registrar(CS ) To

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

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

3. The District Educational Officer, Theni District, Theni.

4. The Additional Assistant Elementary Educational Officer, Chinnamannur, Theni District.

+1 CC to Mr.G.RAJARAMAN, Advocate ( SR-70491[F] dated 21/06/2019 ) W.P(MD)No.17791 of 2016 20.06.2019 mj MK (03.07.2019) 2P 6C https://hcservices.ecourts.gov.in/hcservices/