Madras High CourtWP(MD)/5318/2016disposed of

Raja Higher Secondary School v. The Chief Educational Officer

2016-03-17Honourable Mrs Justice Pushpa Sathyanarayana2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED:17.03.2016

CORAM:

THE HONOURABLE MRS.JUSTICE PUSHPA SATHYANARAYANA W.P(MD)No.5318 of 2016 Raja Higher Secondary School, Ettayapuram, Tuticorin District, Rep. By its Secretary E.Ramkumar Raja ... Petitioner Vs.

The Chief Educational Officer, Office of the District Educational Office, Tuticorin, Tuticorin District.

... Respondent Prayer: Writ Petition is filed under Article 226 of the Constitution of India to issue a Writ of Mandamus directing the respondent to grant permission for selling of excess land belongs to the petitioner school on considering the petitioner's representation, dated 25.12.2015 within a stipulated time. For Petitioner : Mr.M.Veilkaniraju For Respondents : Mr.M.Murugan, Government Advocate

ORDER

Mr.M.Murugan, learned Government Advocate takes notice for the respondents.

2. By consent of parties, the main Writ Petition is taken up for final disposal.

3. The petitioner school, which is more than 125 years old, which is receiving aid from the Government of Tamil Nadu, is seeking permission to sell the excess land belonging the school.

4. According to the petitioner, a portion of the school building is in a bad shape and an inspection was also conducted by the Authorities. As the said building requires renovation, for raising funds, the school wants to sell a portion of the land and accordingly, the School Committee had also passed a resolution and along with the resolution, a representation was sent on 25.12.2015 seeking permission from the Authorities to sell the excess land. As there is no response till today, the petitioner has come https://hcservices.ecourts.gov.in/hcservices/

forward with the present Writ Petition for the above stated relief.

5. Considering the above facts and circumstances of the case, without going into the merits of the case, the respondent is directed to consider the representation of the petitioner, dated 25.12.2015 and pass orders on the same on merits and in accordance with law after considering the fact that whether there is required extent of land for the school and also future scope for expansion etc., within a period of four weeks from the date of receipt of a copy of this order.

With the above direction, the Writ Petition is disposed of. No Costs.

Sd/- Assistant Registrar(Record) /True copy/ Sub Assistant Registrar Madurai Bench of Madras High Court, Madurai.

pm To The Chief Educational Officer, Office of the District Educational Office, Tuticorin, Tuticorin District.

+1 cc to Mr.M.Veilkaniraju, Advocate, SR No.15806 +1 cc to Special Government Pleader SR No.15481 RG.SK-SKN/SAR-I 05.04.2016 2P/4C W.P(MD)No.5318 of 2016 17.03.2016 https://hcservices.ecourts.gov.in/hcservices/