IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 22.06.2010 CORAM: THE HON'BLE MR.JUSTICE N.PAUL VASANTHAKUMAR W.P.NOS.1791 AND 1176 OF 2006 M.Rajathi Correspondent Holy Angles Matriculation School D.No.20-40, A-5, A-4 Cauvery Nagar, Mettur Dam, Salem District. ... Petitioner (in both W.Ps.) Versus The Director (incharge) Tamil Nadu Matriculation Schools Chennai – 600 006. ... Respondent (in W.P.1791/2006) 1.Sub Divisional Magistrate Revenue Divisional Officer Mettur, Salem District. 2.The Inspector of Matriculation Schools Salem. ... Respondents (in W.P.1176/2006) PRAYER in W.P.No.1791/2006: Writ Petition filed under Article 226 of the Constitution of India, praying for the issuance of writ of Certiorari, calling for the records relating to the proceedings in Na.Ka.No.4990/1-E7/2005 dated 17.01.2006 on the file of the respondent quash the same. PRAYER in W.P.No.1176/2006: Writ Petition filed under Article 226 of the Constitution of India, praying for the issuance of writ of Certiorari, calling for the records relating to the proceedings of the 2nd respondent in Na.Ka.No.16/2006, dated 13.01.2006 and the notice issued under Section 133(i) (d) Cr.P.C., Form No.20 dated 12.01.2006 on the file of the 1st respondent quash the same. For Petitioner : Mr.S.Doraisamy For Respondents : Mr.A.Suresh Government Advocate https://hcservices.ecourts.gov.in/hcservices/ C O M M O N O R D E R In view of the common issues raised in these writ petitions having the same prayer with identical facts these writ petitions have been taken up together and a common order is passed. 2.The petitioner has challenged the order dated 12.01.2006 passed by the Revenue Divisional Officer under Section 133(i)(d) Cr.P.C. and the consequential order issued by the second respondent namely, the Inspector of Matriculation Schools, Salem on 13.01.2006 and to quash the order dated 17.01.2006 withdrawing the recognition granted to the petitioners school. 3.The case of the petitioner is that the petitioner school was established in the year 1990. The construction of the building was completed in the year 2004 after obtaining the proper building permission from the Mettur Municipality. After the construction of the school building, the commissioner and the Sanitary Inspector of Mettur Municipality inspected the building and issued the Sanitary Certificate on 03.09.2004. The Sanitary Officer of the Fire Service inspected the building on 19.08.2004 and issued no objection certificate on 04.11.2004. 4.The Tahsildar, Mettur issued a licence under Section 6 of the Tamil Nadu Public Building (Licencing) Act, 1965 in Licence No.1 of 2005 on 29.07.2005 for the purpose of running the school and stated that the building can accommodate 700 students for a period from 01.02.2005 to 31.01.2008 and structural soundness of the building have been verified as per the latest Indian Standards 875. Chartered Civil Engineer and Registered Valuer has issued Stability Certificate on 25.11.2004. 5.The impugned order was passed on 12.01.2006 by the 1st respondent stating that the buildings are constructed partly in the patta of land and partly in the poramboke land and there is likelihood of danger to inmates of the school due to the existence of rocks around the building. The recognition granted for Standards I to XII by order dated 26.10.2005 till 31.01.2008 was therefore withdrawn. The said order was challenged by the petitioner in these writ petitions. 6.While admitting the writ petition, this Court granted an interim order on 30.01.2006 taking note of the violation of Article 11(B) of the Code of the Tamil Nadu Matriculation Schools Regulation, which contemplates issuance of the notice before withdrawing the recognition and by virtue of the interim order granted the petitioner school is functioning as on date. The said fact is evident from the Proceedings of the Private Schools Fee Determination Committee letter dated 07.05.2010 addressed to the petitioner school fixing the fee https://hcservices.ecourts.gov.in/hcservices/ structure and the school is also inspected by the District Educational Officer, Sankagiri on 22.01.2010 and necessary endorsement is also made in the school register and copy of the same is also produced before me. 7.In the light of the said facts namely, the stay granted by this Court and by virtue of the same, the petitioner is continuously running the school all these years and the students are also attending the classes from Standards I to XII and having regard to the fact that the petitioner has obtained Stability Certificate, Sanitary Certificate, Building Licence etc., for continuance of the recognition of the petitioner school, these writ petition are disposed of, granted liberty to the petitioner to apply for the renewal of the recognition in the prescribed form before the Director of Matriculation Schools, Chennai – 6, within a period of four (4) weeks, from the date of receipt of a copy of this order, who in turn is directed to consider the application seeking renewal of recognition/fresh recognition and pass necessary orders taking note of the fact that students are admitted from Standards I to XII and undergoing their course of study even this year upto this date and pass necessary orders, within a period of three months, from the date of the submissions of the application by the petitioner. No costs. sri Sd/- Asst.Registrar /True Copy/ Sub.Asst.Registrar To 1.The Director (incharge) Tamil Nadu Matriculation Schools Chennai – 600 006. 2.Sub Divisional Magistrate Revenue Divisional Officer Mettur, Salem District. 3.The Inspector of Matriculation Schools Salem. • 2 cc to Mr.S. Doraisamy, Advocate SR.44380 & 44383 • 1 cc to Government Pleader SR.44745 W.P.NOS.1791 AND 1176 OF 2006 AR(CO) EU 7.07.2010. https://hcservices.ecourts.gov.in/hcservices/