Madras High Court
The Coimbatore District Play vs The Government Of Tamil Nadu on 15 December, 2021
W.P.No.24139 of 2016
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 15.12.2021
CORAM:
THE HONOURABLE MR.JUSTICE S.M.SUBRAMANIAM
W.P.No.24139 of 2016
and W.M.P.No.20666 of 2016
The Coimbatore District Play
School Owners Association,
(Registration No.154/2016),
Through its President,
Mr.K.Gowdhaman,
No.159/1, Thadagam Road,
Velandipalayam,
(Opp. Avila Convent Girls Hr.Sec. School),
Coimbatore 641 025 ...Petitioner
Vs
1. The Government of Tamil Nadu,
Through its Principal Secretary to Government.
Department of School Education,
Secretariat, Fort St.George,
Chennai 600 009
2. The Director,
Department of Elementary Education,
College Road, Chennai 600 006
3. The District Elementary Educational Officer,
O/o the District Elementary Educational Officer,
Coimbatore District,
Coimbatore. ... Respondents
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W.P.No.24139 of 2016
PRAYER: Writ Petition filed Under Article 226 of the Constitution of India,
to issue a Writ of Declaration, declaring the Code of Regulations for Play
Schools, 2015 issued by the first respondent as ultravires, arbitrary and
illegal.
For Petitioner : Mr.S.Kumara Devan
For Respondents : Mr.M.S.Arasakumar,
Government Advocate
******
ORDER
In respect of Play Schools, the Government of Tamil Nadu issued a
notification by framing Code of Regulations. In this regard,
G.O.MS.No.206, School Education Department, dated 22.12.2015 was
issued. In view of the Regulations already framed, the members of the
petitioner's Association are bound by the Rules for the purpose of grant of
license or permission.
2. The challenge made by the petitioner Association is on the ground
that the Regulations are arbitrary and illegal. The learned counsel for the
petitioner mainly contended that the period of lease for five years
contemplated, is arbitrary.
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W.P.No.24139 of 2016
3. Regulation 9, deals with Buildings. Sub-clause (a) contemplates
that “the School Building shall be owned or Leased. If the accommodation
is provided in a leased building, the lease agreement shall be made for a
period not less than five years and the said Agreement shall be duly
registered in the Registration Department.”
4. The learned counsel for the petitioner Association states that,
instead of five years, the lease period must be three years. The said ground is
pleaded based on the orders passed by the Hon'ble Division Bench of this
Court in M.P.No.2 of 2014 in W.P.No.18861 of 2014 in the case of
Enchanting Elves vs. K.Balasubramanian, dated 30.10.2015.
5. A perusal of the findings in the order passed by the Hon'ble
Division Bench, there is an observation made that, why the minimum
requirement of the lease of five years should be reduced to three years as
there has to be some element of permanency. However, the Hon'ble Division
Bench of this Court has not issued any direction and further, the period of
five years of lease contemplated under the Regulations is a policy decision
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W.P.No.24139 of 2016
taken by the Government, considering the various facts and circumstances.
6. Thus, the reliance placed by the petitioner with reference to the
Judgment of the Hon'ble Division Bench is of no avail to the petitioner
Association. Further, the Regulation was issued in the year 2015 and it is in
force for the past, about six years and Play Schools are granted license based
on the said Regulations. The only objection raised regarding the period of
lease deserves no merit consideration, as the grounds raised in the writ
petition is legally untenable and the petitioner Association cannot claim the
lease period as a matter of right and they are bound by the Regulations.
7. This being the factum, no further consideration is required and
consequently, the Writ Petition stands Dismissed. No costs. Consequently,
connected miscellaneous petition is closed.
15.12.2021
Index : Yes
Speaking order
sts/shr
To:
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https://www.mhc.tn.gov.in/judis
W.P.No.24139 of 2016
1. The Government of Tamil Nadu,
Through its Principal Secretary to Government.
Department of School Education,
Secretariat, Fort St.George,
Chennai 600 009
2. The Director,
Department of Elementary Education,
College Road, Chennai 600 006
3. The District Elementary Educational Officer,
O/o the District Elementary Educational Officer,
Coimbatore District,
Coimbatore.
S.M.SUBRAMANIAM, J.,
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https://www.mhc.tn.gov.in/judis
W.P.No.24139 of 2016
sts
Order made in
W.P.No.24139 of 2016
Dated:
15.12.2021
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