Madras High CourtWP(MD)/23907/2016disposed of

P.Sasi Chitra v. The Director

2016-12-14Honourable Mr Justice S. Vaidyanathan2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 14.12.2016 CORAM :

THE HONOURABLE MR.JUSTICE S.VAIDYANATHAN W.P(MD)No.23907 of 2016 P.Sasi Chitra ... Petitioner vs.

1)The Director, Office of the Directorate of Elementary Education, College Road, Nungampakkam, Chennai-6.

2)The District Elementary Educational Officer, Tirunelveli District, Tirunelveli.

...Respondents

Petition filed under Article 226 of the Constitution of India for the issuance of a Writ of Mandamus, directing the 1st respondent to grant seal of approval for the petitioner purchase of the properties situated in Survey No.641/1B1A, 641/1B1B and 632/2 Ilanchi Village, Tenkasi Taluk, Tirunelveli District on the strength of the petitioner's notice dated 05.08.2016 sent vide Rule 7(1) of Tamil Nadu Government Servants Conduct Rules 1973, in the light of the recommendation made by the 2nd respondent vide his proceedings in Na.Ka.No.3677/Aa2/16 dated 09.09.2016 as expeditiously as possible particularly within the time limit as prescribed by this Hon'ble Court.

For Petitioner : Mr.R.Anand For R1 & R2 : Mr.A.K.Baskarapandian Special Government Pleader

ORDER

The petitioner has filed this writ petition for issuance of a Writ of Mandamus, directing the 1st respondent to grant seal of approval for her purchase of the properties situated in Survey Nos.641/1B1A, 641/1B1B and 632/2, Ilanchi Village, Tenkasi Taluk, Tirunelveli District, on the strength of the petitioner's notice dated 05.08.2016 sent vide Rule 7(1) of Tamil Nadu Government Servants Conduct Rules 1973, in the light of the recommendation made by the 2nd respondent, vide his proceedings in Na.Ka.No.3677/Aa2/16, dated 09.09.2016, within a time frame to be fixed by this Court.

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2.The petitioner is working as a Secondary Grade Teacher in the Government Middle School, Elathur, Tirunelveli District, and that she purchased the property in Survey Nos.641/1B1A, 641/1B1B and 632/2, Ilanchi Village, Tenkasi Taluk, Tirunelveli District, for which, she sought prior permission from the respondents and so far, the approval has not been granted. Hence, this writ petition.

3.However, it is represented by the learned Special Government Pleader appearing for the respondents that certain clarifications have been called for vide letter dated 24.10.2016 of the 1st respondent/Director, Directorate of Elementary Education, Chennai, for which, the Tahsildar, Tenkasi, Tirunelveli District, has also sent a communication to the 1st respondent, stating that the petitioner's husband has not obtained any housing loan for the construction of house and therefore, he submitted that four weeks time may be granted to consider the request of the petitioner. 4.Recording the submission made by the learned Special Government Pleader, this Court directs the 1st respondent to pass orders on the proposal submitted by the 2nd respondent in Na.Ka.No.3677/Aa2/16, dated 09.09.2016, within a period of six weeks, preferably on or before 28.02.2017.

With the above direction, this Writ Petition stands disposed of. No costs.

Sd/ Assistant Registrar(A.S.,) /TRUE COPY/ Sub Assistant Registrar To 1)The Director, Office of the Directorate of Elementary Education, College Road, Nungampakkam, Chennai-6.

2)The District Elementary Educational Officer, Tirunelveli District, Tirunelveli.

+1cc to M/s.R.Anand, Advocate, in SR No.80746. +1cc to Special Government Pleader in SR.No.80891. W.P(MD)No.23907 of 2016 14.12.2016 nbi anr/em/sar1/16.12.16/p2/5c(IT) https://hcservices.ecourts.gov.in/hcservices/