Madras High Court
The District Collector vs The Cor on 5 January, 2022
W.A.(MD) No.1 of 2022
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 05.01.2022
CORAM:
THE HONOURABLE MRS.JUSTICE PUSHPA SATHYANARAYANA
AND
THE HONOURABLE MR.JUSTICE P.VELMURUGAN
W.A.(MD) No.1 of 2022
and C.M.P.(MD) No.5 of 2022
1.The District Collector,
Thoothukudi District.
2.The District Educational Officer,
Thoothukudi District.
3.The District Elementary Education Officer,
Thoothukudi District.
4.Assistant Elementary Education Officer,
Nursery and Primary Schools,
Thoothukudi,
Thoothukudi District.
5.The Assistant Elementary Education Officer,
Thiruchendur,
Thoothukudi District. ... Appellants/Respondents
Vs.
The Correspondent,
Fatima Nursery and Primary School,
682/19, Deevu Street, Kayalpattinam,
Thoothukudi District. ... Respondent/Writ Petitioner
Prayer: Writ Appeal filed under Clause 15 of Letters Patent, praying to
set aside the order, dated 25.05.2017, made in W.P.(MD) No.9848 of
2017 by allowing the appeal.
For Appellants : Mr.P.Subbaraj
Special Government Pleader
https://www.mhc.tn.gov.in/judis
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W.A.(MD) No.1 of 2022
JUDGEMENT
(Judgment of the Court was made by PUSHPA SATHYANARAYANA,J.)
The respondent herein, who is the petitioner in W.P.(MD) No.9848
of 2017, is a School, which was directed to get approval after inspection
by the fifth respondent. When the School applied for approval, it was
refused on 13.04.2015 and directed to close down the school. After
receipt of the closure order, the defects pointed out by the appellants
were rectified and the School made a fresh representation for grant of
approval. Since there was no action taken, the Writ Petition was filed.
After hearing both the parties, the Writ Court had allowed the Writ
Petition setting aside the order of closure dated 13.04.2015 and the
subsequent order dated 06.05.2017 and remanded the matter back to
the first appellant herein to pass fresh orders by giving opportunity to the
respondent School and granted eight weeks time for passing orders. Till
such time, the respondent School was permitted to run. The said order
was passed by the Writ Court on 25.05.2017, which is challenged in the
present Writ Appeal, after the lapse of more than four yeas.
2.It is stated that the first appellant is yet to pass order as has
been directed by the Writ Court, till today. The lapse is on the part of the
appellants themselves. There is no merit in the Writ Appeal.
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W.A.(MD) No.1 of 2022
3.In view of the above, the Writ Appeal stands dismissed,
confirming the order of the learned Single Judge. No costs.
Consequently, connected Miscellaneous Petition is also dismissed.
[P.S.N.,J] [P.V.,J.]
05.01.2022
Index :Yes/No
Internet :Yes/No
sj
Note :
In view of the present lock down owing to
COVID-19 pandemic, a web copy of the order may
be utilized for official purposes, but, ensuring that
the copy of the order that is presented is the
correct copy, shall be the responsibility of the
advocate / litigant concerned.
To
1.The District Collector,
Thoothukudi District.
2.The District Educational Officer,
Thoothukudi District.
3.The District Elementary Educational Officer,
Thoothukudi District.
4.Assistant Elementary Education Officer,
Nursery and Primary Schools,
Thoothukudi,
Thoothukudi District.
5.The Assistant Elementary Education Officer,
Thiruchendur,
Thoothukudi District.
https://www.mhc.tn.gov.in/judis
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W.A.(MD) No.1 of 2022
PUSHPA SATHYANARAYANA, J.
and
P.VELMURUGAN, J.
sj
W.A.(MD) No.1 of 2022
05.01.2022
https://www.mhc.tn.gov.in/judis
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