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Madras High CourtWP(MD)/19134/2019disposed of

Thai Thamizh Nursery And Primary School v. The Director Of Elementary Education

2019-09-05Honourable Mr Justice M. Sundar4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 05.09.2019

CORAM:

THE HONOURABLE MR.JUSTICE M.SUNDAR Thai Thamizh Nursery and Primary School, represented by its Correspondent, R.S.Singapandiyan.

... Petitioner vs.

1.The Director of Elementary Education, College Road, DPI Campus, Nungambakkam, Chennai-6.

2.The Joint Director of Elementary Education, College Road, DPI Campus, Nungambakkam, Chennai-06.

3.The Chief Educational Officer, Pudukottai District, Pudukottai.

4.The District Education Officer, Illupur, 5.The Block Development Officer, Annavasal, ... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Certiorarified Mandamus calling for the records of the third respondent in his proceedings in A.Thi.mu.No.1020/A8/2019, dated ..02.2019 and fifth respondent in his proceedings Na.Ka.No.21/A2/2019, dated 27.02.2019 and fourth respondnet in his proceedings Na.Ka.No.2556/A4/2019, dated .... 07.2019 and quash the same and thereby direct the respondents to grant recognition the school run by the petitioner for upgrading the same from nursery and primary school to middle school. 1/4

For Petitioner : Mr.S.R.Sathan Boopathy For Respondents : Mr.M.Karuppasamy Government Advocate

ORDER

Mr.S.R.Sathan Boopathy, learned counsel on record for writ petitioner and Mr.M.Karuppasamy, Government Advocate, on behalf of all respondents are before this Court.

2. Read this in conjunction with and in continuation of earlier proceedings of this Court dated 03.09.2019, which reads as follows: 'Mr.M.Karuppasamy, learned Government Advocate accepts notice for all the five respondents and seeks short accommodation.

To be noted, the impugned order of the fourth respondent signed on 08.07.2019 appearing reference Na.Ka.No.1020/A8/2019, has directed the writ petitioner to submit certain documents and make application in the draft format.

At request of the State Counsel, list the writ petition on 05.09.2019 in the motion list.

The Registry is directed to show the name of the State Counsel in the next listing.'

3. Pursuant to the aforesaid earlier proceedings of this Court, when the matter was listed for hearing, learned State Counsel appearing for all the respondents submitted that he has obtained instructions and fifth respondent is present in Court. Taking instructions from fifth respondent, learned State Counsel submitted that if writ petitioner submits the documents listed which has been adumbrated in the impugned order being order signed by fifth respondent dated 08.07.2019 bearing reference Na.Ka.No.2556/A4/2019, fifth respondent shall forward the same to the fourth respondent for onward processing. It is submitted that the fifth respondent would so forward the papers to the fourth respondent within one week from the date of submission.

4. Learned Counsel for writ petitioner submitted that the documents adumbrated in the impugned order would be submitted within one week from the date of receipt of a copy of this order. Ultimately this Court is informed that the decision regarding upgrading the institution from nursery and primary school to middle school has to be taken by the first respondent. 2/4

5. In the light of what unfurled in the hearing today, the following calender is drawn up and following directions are given: (a) Writ Petitioner shall submit all documents within one week from the date of receipt of a copy of this order to the fifth respondent (documents enumerated in the impugned order);

(b) Fifth respondent shall forward the same to fourth respondent within one week therefrom;

(c) Further processing by respondents 3 to 1 shall be completed within three months from there.

(d) The decision taken by the first respondent shall be communicated to the writ petitioner under due acknowledgment within seven working days from the date of decision taken.

6. Instant Writ Petition is disposed of with the above directions. There shall be no order a to costs. Sd/- Assistant Registrar (AS) // True Copy // Sub Assistant Registrar(CS) To 1.The Director of Elementary Education, College Road, DPI Campus, Nungambakkam, Chennai-6.

2.The Joint Director of Elementary Education, College Road, DPI Campus, Nungambakkam, Chennai-06.

3.The Chief Educational Officer, Pudukottai District, Pudukkottai.

4.The District Education Officer, Illupur, 3/4

5.The Block Development Officer, Annavasal, +1 CC to M/s.S.R. SATHAN BOOPATHY, Advocate ( SR-85385[F] dated 05/09/2019 ) +1 CC to M/s.SPL GP ( SR-85624[F] dated 06/09/2019 ) 05.09.2019 SSL JMN(13.09.2019) 4P : 8C 4/4