IN THE HIGH COURT OF JUDICATURE AT MADRAS DATE: 28.07.2009 CORAM THE HONOURABLE MR.JUSTICE M.JAICHANDREN Writ Petition No.14579 of 2009 Aided Elementary School Rep. by its Manager T.Poongodi Vadakiruppu Virudhachalam Taluk, Cuddalore District. ... Petitioner Vs. 1. The District Elementary Educational Officer Cuddalore – 1. 2.Additional Assistant Elementary Educational Officer, Kammapuram – 606 102 Cuddalore District ... Respondents Prayer: Petition filed seeking for a Writ of Mandamus, directing the first respondent to approve the change of educational agency in the name of the petitioner as Educational Agency in the place of the petitioner's husband(late) R.Velmurugan of the aided elementary school, Vadakiruppu, Virudhachalam Taluk, Cuddalore District by considering the proposal submitted by the petitioner dated 01.01.2009. For Petitioner : Mr.T.Sellapandian for M/s. M.A. Abdul Wahab For Respondents : Mrs.Dakshayani Reddy Government Advocate O R D E R Heard the learned counsel appearing for the petitioner and the learned Government Advocate appearing for the respondents. 2. At this stage of the hearing of the writ petition, the learned counsel appearing on behalf of the petitioner has submitted https://hcservices.ecourts.gov.in/hcservices/ that it would suffice, if the first respondent is directed to dispose of the representation, dated 01.01.2009, on merits, within a specified period. 3. It has been stated that a request had been made on behalf of the petitioner school, requesting the respondents to change the name of the educational agency of the Aided Elementary school, Vadakiruppu, in the name of Ms.T.Poongodi, since, her husband had died. It has been further stated that one Banumathi has filed a suit in O.S.No.102 of 2009, on the file of the District Court, Cuddalore. Further, the learned counsel for the petitioner had submitted that on the demise of the husband of Ms.T.Poongodi, who is the manager of the petitioner school, a proposal had been made to the first respondent, through the second respondent, to change the educational agency in her name. It is contented that the proposal has to be considered by the first respondent, under section 8 of the Tamil Nadu Private Schools (Regulation) Act, 1974, and he has to issue a formal order of approval transferring the management in the name of Ms.T.Poongodi as she is the legal heir of her late husband, R.Velmurugan. 4. The learned counsel appearing on behalf of the respondents had submitted that the representation of the petitioner, dated 01.01.2009, would be considered by the first respondent, on merits and in accordance with law within a stipulated time. 5. In view of the submissions made by the learned counsels appearing on behalf of the respondents, the first respondent is directed to consider and pass appropriate orders on the representation of the petitioner, dated 01.01.2009, after giving an opportunity of hearing to the persons concerned, including Ms. Banumathi, who had filed a suit in O.S.No.102 of 2009, on the file of the District Court, Cuddalore. The petitioner is directed to furnish a copy of the representation, dated 01.01.2009, to the first respondent, along with a copy of this order. However, it is made clear that this Court, by this order, has not expressed any opinion on the merits of the matter. The writ petition is disposed of accordingly. No costs. Sd/ Asst.Registrar /true copy/ Sub Asst.Registrar arr https://hcservices.ecourts.gov.in/hcservices/ To 1. The District Elementary Educational Officer Cuddalore – 1. 2. Additional Assistant Elementary Educational Officer, Kammapuram – 606 102 Cuddalore District. 1 cc To Mr. M.A. Abdul Wahab, Advocate, SR.34990/09 1 cc To The Government Pleader, SR.32516/09 Writ Petition No.14579 of 2009 sp(co) pmk.30.7.2009. https://hcservices.ecourts.gov.in/hcservices/