Jothi Primary School Welfare Committee v. Jothi Primary School, Rep.By

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 18.06.2024

CORAM

JUSTICE N. SESHASAYEE and JUSTICE L.VICTORIA GOWRI W.A.(MD) No.1242 of 2019 and W.P.(MD) Nos.16363 of 2012 and 6718 of 2015 and C.M.P.(MD) No.10678 of 2019 and M.P.(MD) Nos.1 of 2014 and 1 of 2015 W.A.(MD) No.1242 of 2019:

Jothi Primary School Welfare Committee, Rep., by its President, A.Pauldurai, 3/342, Lakshmipuram, Achankundram Village, V.K.Pudur Taluk, ... Appellant/ Third Party Vs.

1.Jothi Primary School, Rep., by its Secretary, A.Duraikany, Educational Agency of Jothi Primary School, Lakshmipuram, V.K.Pudur Taluk, ... 1st Respondent/ Petitioner 2.The District Registrar, O/o. The District Registrar, Tenkasi, Tirunelveli District.

3.The Chief Educational Officer, Tirunelveli District, Tirunelveli-9.

4.The District Elementary Educational Officer, 5.The Assistant Elementary Educational Officer, Alangulam, Alangulam Taluk, ... Respondents 2 to 5/ Respondents 1 to 4 Prayer: Appeal filed under Clause 15 of Letters Patent against the order dated 24.08.2018 made in W.P.(MD) No.4497 of 2018.

For Appellant Mr.R.J.Karthick For R1 Mr.Mohamed Imran for M/s.Ajmal Associates

For RR2 to 5 Mr.D.Sadiq Raja Additional Government Pleader W.P.(MD) No.16363 of 2012:

T.Kuthalingam, President, Grama Pothunala Abiviruthi Sangam, (Educational Agency of Jothi Primary School), Lakshmipuram, V.K.Pudur Taluk, ... Petitioner Vs.

1.The Chief Educational Officer, Tirunelveli District, Tirunelveli-9.

2.The District Elementary Educational Officer, 3.The Assistant Elementary Educational Officer, Alangulam, Alangulam Taluk, 4.R.Madasamy ... Respondents Prayer: Petition filed under Article 226 of the Constitution of India praying to issue Writ of Certiorarified Mandamus, calling for the records pertaining to the impugned order passed by the 3rd respondent in O.Mu.1652/A3/2012, dated 07.11.2012, quash the same, and further direct the 2nd respondent to

entertain the application of the petitioner dated 18.05.2012 and approve the new school committee based on the application of the petitioner. For Petitioner Mr.S.S.Thesigan For RR1 to 3 Mr.D.Sadiq Raja Additional Government Pleader For R4 No appearance W.P.(MD) No.6718 of 2015:

A.Pauldurai, President-Jothi Primary School Welfare Committee, D.No.3/342, South Street, Lakshmipuram, Achankundram Post, V.K.Pudur Taluk, Tirunelveli District.

... Petitioner Vs.

1.The Directorate of Elementary Education, Chennai-06.

2.The District Elementary Educational Officer, 3.The Assistant Elementary Educational Officer, Alangulam, Alangulam Taluk, 4.Kuthalingam 5.Madakannu Nadar ... Respondents

Prayer: Petition filed under Article 226 of the Constitution of India praying to issue Writ of Mandamus, directing the respondents 1 to 3 not to approve any proposals on the application preferred by the respondents 4 and 5 claiming right over the "Jothi Primary School" situated at D.No.3/342, South Street, Lakshmipuram, Achankundram Village and Post, V.K.Pudur Taluk, For Petitioner Mr.R.J.Karthick For RR1 to 3 Mr.D.Sadiq Raja Additional Government Pleader For RR4 & 5 Mr.S.S.Thesigan COMMON JUDGMENT (Judgment of the Court was delivered by N.Seshasayee, J.) Mr.R.J.Karthick, learned counsel for the appellant in W.A.(MD) No.1242 of 2019 and petitioner in W.P.(MD) No.6718 of 2018 and Mr.S.S.Thesigan, learned counsel for the petitioner in W.P.(MD) No.16363 of 2012 made a joint statement, on instruction, that since the controversy involved in these cases has been amicably settled, they are withdrawing the writ appeal and the writ petitions. They have also made endorsement to that effect.

2. Recording the endorsement made by the respective learned counsel, the Writ Appeal and the Writ Petitions are dismissed as withdrawn. No costs. Consequently, connected miscellaneous petitions are closed. (N.S.S., J.) (L.V.G., J.) 18.06.2024 NCC : Yes/No Index : Yes/No Internet : Yes ABR

To 1.The Directorate of Elementary Education, Chennai-06.

2.The District Registrar, O/o. The District Registrar, Tenkasi, Tirunelveli District.

3.The Chief Educational Officer, Tirunelveli District, Tirunelveli-9.

4.The District Elementary Educational Officer, 5.The Assistant Elementary Educational Officer, Alangulam, Alangulam Taluk,

N. SESHASAYEE, J.

and L.VICTORIA GOWRI , J.

ABR W.A.(MD) No.1242 of 2019 and W.P.(MD) Nos.16363 of 2012 and 6718 of 2015 18.06.2024