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Madras High CourtWP(MD)/9870/2016disposed of

N.Muthiah, v. The Gvernment Of Tamilnadu

2016-06-06Honourable Mr Justice M. Venugopal3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED 06.06.2016

CORAM

THE HONOURABLE MR.JUSTICE M.VENUGOPAL W.P(MD)No.9870 of 2016 N .Muthiah ..Petitioner Vs 1.The Government of Tamil Nadu, represented by its Secretary, School of Education Department, Fort St.George, Chennai - 600 009.

2.The Director of Elementary Education, College Road, Chennai-6.

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

4.The District Elementary Educational Officer, Tirunelveli, Tirunelveli District.

..Respondents.

Prayer: Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus directing the second respondent to pass appropriate orders based on the recommendation made by the fourth respondent by considering the representation of the Petitioner dated 8.7.2015. For Petitioner :M/s.S.C.Herold Singh For Respondents :Mr.V.Muruganandam Additional Government Pleader

ORDER

Heard both sides.

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

3.According to the Petitioner, he was elected as Secretary of the Hindu Middle School, Ambasamudiram Taluk, Tirunelveli District

and his tenure as Secretary also came to an end. Further, since no parents came forward to admit their children in the said school, they were not in a position to administer the school and develop the same. As a matter of fact, originally 13 teachers were working in the said school and due to the diminishing in the strength of the students, no fresh appointments were made after those teachers attained their age of superannuation. 4.The stand of the Petitioner is that there are five other schools situated within the radius of five kilometers. Due to the same, the admission of the Petitioner/school has become a stand-still and no parents admitted their children in the Petitioner's school since they are comfortable with the schools which were situated near their residence.

Moreover, the property in which the school is situated is their own property. Indeed, the building which were constructed during the year 1934 is also in a dilapidated condition and it needs renovation etc. 5.The plea of the Petitioner is that after consulting with the members of the family, it was resorted to close the school transitorily and sent a proposal to the authorities as per the rules on 20.5.2015. On receipt of the said notice, the second respondent by proceedings, dated 8.6.2015 sought for certain clarifications from the fourth respondent. Pursuant to the same, the fourth respondent had forward a report to the second respondent on 2.3.2016,wherein, it has been stated that only on 2.9.

2015, the authorities inspected the school and found that only two students were available in the said school and for two students, one teacher is appointed and is working in the said school.

6.It is the case of the Petitioner that two children studying in the said school can be admitted in the other schools which is situated near the Petitioner school and the only teacher teaching the said students can be deployed to the needy schools. Also that, if both the students are shifted to some other schools, they will also enjoy good education along with other students. 7.The grievance of the Petitioner is that his representation, dated 8.7.2015 addressed to the fourth respondent/The District Elementary Educational Officer, Tirunelveli, Tirunelveli District is to be considered by the authorities concerned and although his representation is dated 8.7.2015, the same has not been considered till date in a positive manner.

8.In view of the fact that the relief sought for by the Petitioner is limited in nature viz., to consider his representation, dated 8.7.2015 addressed to the fourth respondent/The District Elementary Educational Officer, Tirunelveli, Tirunelveli District(which is now pending with the second respondent), this Court, at this stage, simpliciter,

without going into the merits of the matter, directs the second respondent /The Director of Elementary Education, College Road, Chennai-6 to look into the representation of the Petitioner, dated 8.7.2015 in a dispassionate manner and to pass orders on merits(of course after affording necessary opportunity to the Petitioner and others concerned by adhering to the principles of natural justice) within a period of four weeks from the date of receipt of a copy of this order.

9.With the aforesaid observations and directions, the Writ Petition stands disposed of. No costs.

Sd/- Assistant Registrar (W) /True copy/ Sub Assistant Registrar To 1.The Secretary to Government, School of Education Department, Fort St.George, Chennai - 600 009.

2.The Director of Elementary Education, College Road, Chennai-6.

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

4.The District Elementary Educational Officer, Tirunelveli, Tirunelveli District.

+1 CC to THE SPECIAL GOVERNMENT PLEADER, SR No.28286 +1 CC to Mr.S.C.HEROLD SINGH, Advocate, SR No.27940 W.P(MD)No.9870 of 2016 06.06.2016 vsn SH/ARK-PV/SAR-II:10.06.2016:3P/7C