Palayavanam Andavarayar v. The District Elementary

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 16.02.2023

CORAM

THE HONOURABLE MR.JUSTICE K.KUMARESH BABU and M.P.(MD) No.1 of 2014 Palayavanam Andavarayar Middle School, represented by its Secretary, Mrs.J.Sumathi, W-C, B-29, New Street, Aranthangi, Pudukkottai District.

... Petitioner /vs./ 1.The District Elementary Educational Officer, Pudukkottai District, Pudukkottai.

2.The Assistant Elementary Educational Officer, Aranthangi, Pudukkottai District.

... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Certiorari, calling for the records relating to the impugned order passed by the 1st respondent in and by which direct payment was ordered by his proceedings in Mu.Mu.No.227/A3/2013 dated 02.06.2014 and quash the same as illegal.

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For Petitioner : Mr.T.Pon Ramkumar For Respondents : Mr.S.Kameswaran Government Advocate

ORDER

The writ petition has been filed challenging the direct payment that was ordered by the first respondent in his proceedings dated 02.06.2014. 2.The reason assigned for direct payment was that the petitioner school did not have recognition for the standards 6 to 8 and the secretaryship of the petitioner school has also not been approved. 3.Today, the learned counsel for the petitioner would submit that the petitioner has stopped running the classes 6 to 8 and therefore, there is no necessity for recognition and for the approval of secretaryship, the petitioner school shall make a fresh application.

4.Considering the statement made by the learned counsel for the petitioner, the petitioner school is permitted to make a fresh application for approval of 2/4

secretaryship and thereafter approach the first respondent seeking for payment of aid to the institution concerned. As and when the petitioner school makes a fresh application for necessary permission, such application shall be disposed of by the respondents within a period of four weeks thereafter. 5.With the above direction, the Writ Petition is disposed of. However, there shall be no order as to costs. Consequently, connected Miscellaneous Petition is closed.

Speaking : Yes / No 16.02.2023 NCC : Yes / No Internet : Yes / No Index : Yes / No mm To 1.The District Elementary Educational Officer, Pudukkottai District, Pudukkottai.

2.The Assistant Elementary Educational Officer, Aranthangi, Pudukkottai District.

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K.KUMARESH BABU, J.

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