1 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 04/08/2011 C O R A M THE HONOURABLE MR.JUSTICE S.MANIKUMAR W.P.(MD) No.8733 of 2011 G.D.Kalaiselvan ... Petitioner Vs. 1.The Chief Educational Officer, Tuticorin, Tuticorin District. 2.The District Educational Officer, Tirunelveli South, Tirunelveli District. 3.The Assistant Educational Officer, Thenthiruperai, Thiruchendhur Taluk, Tuticorin District. ... Respondents Prayer :Petitions filed under Article 226 of the Constitution of India praying for a Writ of Mandamus, directing the respondents to effect the change of management in the name of the petitioner from the date of execution of the petitioner's father by considering the representation dated 30.06.2011. For petitioner .. Mr.R.Ravichandran For respondents .. Mr.S.Chandrasekar, Government Advocate ORDER According to the petitioner, his father started a school in the year 1958, in the name of "Maravar Higher Elementary School" and subsequently, it was changed to G.D.G.Middle School. The petitioner's mother worked as Teacher in the above school and his father was Correspondent and Manager of the school. The petitioner joined in the school as Headmaster on 12.06.1980. According to the petitioner, school is a minority school from the year 1983 onwards. His father, due to old age and illness, was unable to continue, as Correspondent and Manager of the school and therefore, he appointed the petitioner, as Correspondent and Manager of the school and to that effect, a communication, dated 15.07.2003, has been sent to the respondents for their approval. He further submitted that his father died on 11.10.2004. According to the petitioner, though a communication was sent as early as on 15.07.2003, the respondents have failed to discharge their duties in effecting change of management. The petitioner has also suffered stroke on 13.07.2006. Having waited for a considerable time, the petitioner, once again, sent a representation, dated 30.06.2011, to the Chief Educational Officer, Tuticorin District, to effect the change of management. As there was a failure on the part of the said authority in effecting the change, the petitioner has filed the present writ petition for a mandamus. https://hcservices.ecourts.gov.in/hcservices/ 2 2.Mandamus cannot be issued directly without considering the merits of the writ petition. Nevertheless, considering the averments that the issue relating to the change of management and the approval, pending consideration from 2003 onwards, and having regard to the fact that the original educational agency had passed away on 11.10.2004, the duties cast on the first respondent is to pass appropriate orders promptly, as per the provisions of the Tamil Nadu Recognized Private Schools (Regulation) Act, and the rules framed thereunder. 3.In such view of the matter, this Court is inclined to issue a direction to the Chief Educational Officer, Tuticorin District, to pass orders on the representation of the petitioner, dated 30.06.2011, on merits and in accordance with law, within a period of two months from the date of receipt of a copy of this order. 4.The writ petition is disposed of accordingly. No costs. Sd/- Assistant Registrar (Crl.Side) /True Copy/ Sub Assistant Registrar To 1.The Chief Educational Officer, Tuticorin, Tuticorin District. 2.The District Educational Officer, Tirunelveli South, Tirunelveli District. 3.The Assistant Educational Officer, Thenthiruperai, Thiruchendhur Taluk, Tuticorin District. +1cc to Special Government Pleader, SR.No.26392 gcg GH : 17.08.2011 : 2p/5c W.P.(MD) No.8733 of 2011 04.08.2011 https://hcservices.ecourts.gov.in/hcservices/