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Madras High Court

India Evangelical Lutheran Church vs The District Educational Officer on 28 November, 2017

Author: R.Mahadevan

Bench: R.Mahadevan

        

 

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT               

DATED: 28.11.2017  

CORAM   

THE HONOURABLE MR.JUSTICE R.MAHADEVAN             

W.P(MD)No.21884 of 2017   
and 
W.M.P(MD)No.18203 of 2017   

India Evangelical Lutheran Church,
Rep. by its General Secretary,
S.Muthuraj                                                              ... Petitioner

Vs.

1.The District Educational Officer,
   Cheranmahadevi Educational District
   at Tirunelveli Town,
   Tirunelveli.

2.The District Registrar,
   Central Chennai,
   Pycrofts Road,
   Triplicane,
   Chennai ? 600 005.                                           ... Respondents

PRAYER: Writ Petition is filed under Article 226 of the Constitution of India
praying to issue a Writ of Mandamus, directing the 1st respondent to approve
the petitioner society as the Educational Agency and in consequence approve
the correspondent appointed by the petitioner by letter dated 25.09.2017.

!For Petitioner         : Mr.P.V.Sudakar 

For Respondents                 : Mr.J.Gunaseelan Muthiah, 
                                                          Government Advocate 


:ORDER  

By consent, this writ petition itself is taken up for final disposal.

2. Mr.J.Gunaseelan Muthiah, learned Government Advocate, takes notice for the respondents.

3. The petitioner-society, which is registered under the second respondent, has filed this petition contending that despite several suits came to be decreed in their favour, the first respondent is not approving them as an Educational Agency and not approving the correspondent, appointed by them, for their schools. In this regard they have submitted a detailed representation dated 25.09.2017, narrating all the facts and circumstances, before the first respondent, but the same is kept pending, without any action and aggrieved over the same, they are before this Court for the aforesaid prayer.

4. When the matter is taken up for hearing today, the learned counsel for the petitioner submitted that it would be suffice, if the representation of the petitioner dated 25.09.2017 is disposed of, by the first respondent, as per law, within a stipulated time limit.

5. Considering the limited scope of the relief sought for, this Court, without going into the merits of the claim, directs the first respondent to consider the representation of the petitioners dated 25.09.2017 and pass appropriate orders, on its own merits and in accordance with law, after affording due opportunity of hearing to the petitioners as well as all the other interested parties, if any, within a period of two weeks from the date of receipt of a copy of this order.

6. With the above direction, this writ petition is disposed of. No costs. Consequently, connected miscellaneous petition is closed.

To

1.The District Educational Officer, Cheranmahadevi Educational District at Tirunelveli Town, Tirunelveli.

2.The District Registrar, Central Chennai, Pycrofts Road, Triplicane, Chennai ? 600 005.

.