Madras High Court
M/S.Vijay Educational ... vs The Secretary To Government on 20 June, 2023
W.P.No.6331 of 2022
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 20.06.2023
CORAM :
THE HONOURABLE MR. JUSTICE M. DHANDAPANI
W.P.No.6331 of 2022
and
W.M.P.No.17081 of 2023
M/s.Vijay Educational Charitable Trust,
Rep. by V.Balachandran,
S/o.Venkatapathy Gounder,
19B, Ellaiyamman Koil St.,
Kondareddipalayam Village,
Poonichampat Madura,
Mannadipet Commune,
Puducherry. ... Petitioner
Vs.
1.The Secretary to Government,
Higher and Technical Education,
Government of Puducherry,
Puducherry.
2.The Under Secretary to Government,
Higher and Technical Education,
Government of Puducherry,
Puducherry.
3.The Director,
Directorate Higher and Technical Education,
Government of Puducherry,
Lawspet,
Puducherry – 8.
1/7
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W.P.No.6331 of 2022
4.The Superintendent,
Directorate Higher and Technical Education,
Government of Puducherry,
Lawspet,
Puducherry - 8.
5.Usha Nandini ... Respondents
Prayer: Writ Petition filed under Article 226 of the Constitution of India for
issuance of a Writ of Mandamus, directing the respondents 1 to 4 to grant No
Objection Certificate to the petitioner trust for starting Vijay Arts and
Science College, KR Palayam, Thirukanoor for the academic year 2022 – 23.
For Petitioner : Mr.R.Rajarajan
For Respondents : Mr.S.Syed Mustafa
Special Government Pleader
(Puducherry) [R1 to R4]
Mr.J.Anthony Jesus [R5]
*****
ORDER
This Writ Petition has been filed seeking for a Writ of Mandamus,
directing the respondents 1 to 4 to grant No Objection Certificate to the
petitioner trust for starting Vijay Arts and Science College, KR Palayam,
Thirukanoor for the academic year 2022 – 23.
https://www.mhc.tn.gov.in/judis
W.P.No.6331 of 2022
2. W.M.P.No.17081 of 2023 has been filed seeking to direct the
respondents 1 to 4 to grant No Objection Certificate to the petitioner trust for
starting Vijay Arts and Science College, KR Palayam, Thirukanoor for the
academic year 2023 – 24 pending disposal of the writ petition.
3. The case of the petitioner is that, the petitioner trust was constituted
with the noble object to promote the educational and charitable activities for
the benefit of the public. The trust had proposed to set up an Arts and
Science College at Thirukkanur, Puducherry, for which, they made an
application before the respondents 1 to 4 on 16.07.2018 seeking permission
to establish the college in the land leased out to the petitioner trust on
16.07.2018. While so, the fifth respondent had filed a false and frivolous suit
in O.S.No.147 of 2013 seeking for the relief of partition against the
petitioner and others on the file of the learned II Additional District Judge,
Puducherry. When the petitioner's application was under the process, the
fifth respondent made objection that the suit for partition is pending. The
respondents 1 to 4 by their letter dated 30.07.2021, informed the petitioner
that, due to the pendency of the said suit, the request of the petitioner trust
for grant of No Objection Certificate cannot be considered. Thereafter, the
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W.P.No.6331 of 2022
said suit was dismissed on 30.11.2021 and the petitioner had also
communicated the decree and judgment passed in the said suit to the
respondents 1 to 4. In the meanwhile, the fifth respondent filed another suit
in O.S.No.1035 of 2019 on the file of Principal District Munsiff, Puducherry
seeking declaration to set aside the settlement deeds dated 19.07.2005,
09.07.2018 and 11.07.2013 executed in favour of the petitioner and others.
Hence, the above Writ Petition is filed seeking for a direction to the
respondents 1 to 4 to grant No Objection Certificate to the petitioner.
4. The learned counsel for the petitioner submits that, the respondents
1 to 4 refused to grant No Objection Certificate to the petitioner trust to start
College on the ground that, there are civil suits pending between the
petitioner and the fifth respondent. However, there are two suits pending
between them, one is for partition and the another one is to set aside the
settlement deeds executed by their father in the name of the petitioner. The
suit for partition is dismissed and suit to set aside the settlement deeds is
pending. He further submits that, the mere pendency of the civil suits, is not
a bar for considering the application to grant No Objection Certificate to the
eligible applicants. Accordingly, he prays for appropriate orders.
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W.P.No.6331 of 2022
5. The learned Special Government Pleader (Puducherry) appearing
for the respondents 1 to 4 submits that, already in the Syndicate meeting, a
resolution has been passed in favour of the petitioner for issuance of No
Objection Certificate on condition that the No Objection Certificate is
subject to the result of the civil suits pending between the parties.
6. The learned counsel appearing for the fifth respondent submits that
as against the dismissal of the suit in O.S.No.147 of 2013, the fifth
respondent has preferred an appeal before this Court and the same is
pending.
7. In view of the aforesaid submissions, this Court, without going into
the merits of the case, directs the respondents 1 to 4 to issue No Objection to
the petitioner trust for the Academic Year 2023 - 2024, since the Academic
Year 2022 - 2023 has already been ended. However, the No Objection
Certificate to be issued by the respondents 1 to 4 is subject to the result of
the civil suit pending between the parties.
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W.P.No.6331 of 2022
8. Accordingly, the Writ Petition is disposed of and the
W.M.P.No.17081 of 2023 is ordered with the above terms. No costs.
20.06.2023
Index : Yes / No
Speaking order / Non-speaking order
Neutral Citation Case : Yes / No
sp
To
1.The Secretary to Government,
Higher and Technical Education,
Government of Puducherry,
Puducherry.
2.The Under Secretary to Government,
Higher and Technical Education,
Government of Puducherry,
Puducherry.
3.The Director,
Directorate Higher and Technical Education,
Government of Puducherry,
Lawspet,
Puducherry – 8.
4.The Superintendent,
Directorate Higher and Technical Education,
Government of Puducherry,
Lawspet,
Puducherry - 8.
https://www.mhc.tn.gov.in/judis
W.P.No.6331 of 2022
M.DHANDAPANI, J.
sp
W.P.No.6331 of 2022
and
W.M.P.No.17081 of 2023
20.06.2023
https://www.mhc.tn.gov.in/judis
