Ashram Higher Secondary v. The Joint Director Of

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 30.11.2022

CORAM

THE HON'BLE MR.JUSTICE R.VIJAYAKUMAR and M.P(MD)No.1 of 2015 and W.M.P(MD)Nos.6231, 6249 & 12633 of 2016 Ashram Higher Secondary School, Manavadi Village, Karur District, Represented by its Correspondent / Secretary, Mr.N.Karunakaran ... Petitioner Vs.

1.The Joint Director of School Education, College Road, Chennai-6.

2.The Chief Educational Officer, 3.The District Educational Officer, ... Respondents PRAYER : Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Certiorarified Mandamus, calling the records relating to the proceedings of third respondent made 1/4

in O.Mu.No:4931/A3/2015, dated 11.08.2015 and O.Mu.No: 4932/A3/2015, dated 11.08.2015 and the consequential proceedings of the second respondent made in Na.Ka.No:7738/A4/2015, dated 24.08.2015 and quash the same and consequently direct the respondents 1 & 2 to grant recognition for the petitioner's school. For Petitioner : M/s.K.Govindarajan For Respondents : M/s.J.John Rajadurai Government Advocate

ORDER

The present Writ Petition has been filed challenging an order passed by the third respondent herein, under which, the recognition sought for by the writ petitioner to run a School was rejected.

2. According to the learned Counsel for the petitioner, the recognition order was rejected on the ground that, for the second floor, building plan approval has not been obtained from the petitioner School.

3. According to the learned Counsel for the petitioner, building plan approval has now been granted to the writ petitioner School for the second floor on 19.09.2022.

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4. In view of the building plan approval granted by the Town Planning authorities, the order impugned in the writ petition is set aside. The matter is remitted back to the third respondent herein for fresh consideration, in the light of the building plan approval, dated 19.09.2022.

5. With the above said observation, the writ petition stands allowed. There shall be no order as to costs. Consequently, connected Miscellaneous Petitions stand closed.

30.11.2022 Index :

Yes / No Internet :

Yes / No btr To 1.The Joint Director of School Education, College Road, Chennai-6.

2.The Chief Educational Officer, 3/4

R.

VIJAYAKUMAR , J.

btr 3.The District Educational Officer, Order made in 30.11.2022 4/4