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Madras High CourtWP(MD)/1941/2017dismissed as withdrawal

Kayalpatnam Arumuganeri v. The State Of Tamil Nadu

2020-03-03Honourable Mr Justice P.D.Audikesavalu2 pages

W.P(MD).No. 1941 of 2017 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 03.03.2020

CORAM:

THE HONOURABLE MR.JUSTICE P.D. AUDIKESAVALU W.P(MD).No. 1941 of 2017 and WMP(MD).Nos.1596 and 1597 of 2017 Kayalpatnam - Arumuganeri Higher Secondary School, Peryanvillai - 628 202, Arumuganeri, Thoothukudi District, rep. by its Secretary, K.T.J. Prakash : Petitioner Vs.

1. The State of Tamil Nadu, Rep. by its Principal Secretary to Government, School Education Department, Secretariat, Fort. St. George, Chennai - 600 009.

2.The Director of School Education, DPI Campus, College Road, Chennai - 600 006.

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

: Respondents Prayer: This Writ Petition is filed under Article 226 of the Constitution of India to issue a Writ of Certiorarified Mandamus to call for the records relating to the impugned proceedings issued by the 3rd respondent in Na.Ka.No.2652/Aa1/2016 dated 08/2016 and to quash the same and in so far as it restricts the distribution of free laptop computer as per G.O.Ms.No.1 Special Programme for Implementation Department dated 03.06.2011 to the students studying in the Petitioner School for the academic year 2016-2017 in the Higher Secondary Groups of subjects started after 01.04.1992 is concerned and consequently, directing the Respondents to continue to implement the Scheme of distribution of free laptop to all the student studying in Higher Secondary Groups in the petitioner school based on the nature of permission granted by the Department for the groups of study.

For Petitioner : Mr. F. Deepak For Respondents : Mr. S. Angappan Government Advocate https://hcservices.ecourts.gov.in/hcservices/ 1/2

W.P(MD).No. 1941 of 2017

ORDER

The impugned order relates to disbursement of free laptop computers to students in the School of the Petitioner, who were studying in the Higher Secondary Classes in the academic year 2016 - 2017, when the Writ Petition was then filed. As that academic year had lapsed, the question of distributing the free laptop computer to those students does not survive for consideration at this distant point of time. In this backdrop, Learned Counsel for the Petitioner seeks permission of this Court to withdraw this Writ Petition and he has also made an endorsement to that effect, which is recorded. It is made clear that since no adjudication has been made by the Court on the merits of the controversy between the parties, all issues in that regard are left open to be decided, if such necessity arises in future legal proceedings.

2.

Accordingly, this Writ Petition is dismissed as withdrawn with the aforesaid clarification. Consequently, connected Miscellaneous Petitions are closed. No costs. Sd/- Assistant Registrar (AS) // True Copy // / /2020 Sub Assistant Registrar(CS) To

1. The Principal Secretary to Government, School Education Department, Secretariat, Fort. St. George, Chennai - 600 009.

2. The Director of School Education, DPI Campus, College Road, Chennai - 600 006.

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

+1 CC to M/s.F.DEEPAK, Advocate ( SR-9944[F] dated 04/03/2020 ) +1 CC to M/s.SPL.GP ( SR-9978[F] dated 04/03/2020 ) W.P(MD).NO. 1941 of 2017 and WMP(MD).Nos.1596 and 1597 of 2017 03.03.2020 PU(06/05/2020) 2P 6C https://hcservices.ecourts.gov.in/hcservices/ 2/2