Karur Saraswathi Vidhyalaya Higher Secondary School rep. by The Correspondent Karur v. District Collector Karur
2014-10-07
M.VENUGOPAL
body2014
DigiLaw.ai
Judgment : 1. The Petitioner has projected the instant Writ of Mandamus praying for passing an order passed by this Court in directing the First Respondent to consider his representation dated 15/9/2014. Further, he has sought for passing of an order by this Court in directing the Second and Third Respondents to accept the School's existing Building Plan Approval. 2. According to the Petitioner, the School got recognition upto the classes of 12th Standard and in fact, they are periodically submitting reports to the concerned educational authorities and also other authorities. It is mandatory to get approval and license for the building to obtain recognition and the same is to be obtained recognition and the same is to be obtained from Local Body if the building comes within the ambit of Local Body Panchayat. 3. It is the plea of the Petitioner that based on the approval, they got recognition and running the School properly. However, the First Respondent/District Collector, Karur Collectorate, Karur, issued a letter dated 2/9/2014 commonly mentioning that 'Building Plan Approval' has to be obtained for School Building and if already obtained, the same has to be intimated to the Third Respondent. In view of the fact that the Petitioner/School obtained proper Building Approval and the same was submitted to the Respondents. But some of the Officers of the Second and Third Respondents are continuously visiting the Petitioner's School and insisting to obtain new approval again by paying additional fees. Indeed, the Petitioner/School already paid necessary fees and obtained proper approval for other School Building. But the pleas of the Petitioner's School had not met with a positive response from the School authorities. Therefore, the Petitioner's School made representations in person to the office of the First Respondent making a request to direct the concerned authorities to allow them to run the School peacefully. 4. In effect, the pith and substance of the stand taken on behalf of the Petitioner/School in the present Writ Petition is that the Petitioner/School is facing hurdles from the Second and Third Respondents. 5. In as much as the Correspondent of the Petitioner's School had made a representation dated 15/9/2012 addressed to the First Respondent/District Collector inter alia mentioning that the building sanction order copies have been enclosed and as such, in this regard, proper instructions were to be issued for the smooth running of the School.
5. In as much as the Correspondent of the Petitioner's School had made a representation dated 15/9/2012 addressed to the First Respondent/District Collector inter alia mentioning that the building sanction order copies have been enclosed and as such, in this regard, proper instructions were to be issued for the smooth running of the School. As such, this Court, considering the limited relief sought for by the Petitioner/School to consider their representation dated 15/9/2014, this Court on the basis of Equity, Fair Play, Good Conscience and even as a matter of prudence, directs the respondents to consider the representation of the Petitioner dated 15/9/2014 in a just, fair and dispassionate manner and pass appropriate orders on merits in the manner known to law and in accordance with law (ofcourse after providing necessary adequate opportunities to the Petitioner/School by adhering to the principles of natural Justice) within a period of four weeks from the date of receipt of a copy of this order. 6. With the aforesaid direction, this Writ Petition is disposed of. No costs.