1 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 25.08.2011 CORAM THE HONOURABLE MR.JUSTICE R.SUDHAKAR W.P.(MD)No.9656 of 2011 and M.P.(MD)No.1 of 2011 T.Mohan ... Petitioner Vs. 1. The Director of Primary Education, The Directorate of Primary Education, Chennai-600 006. 2. The Secretary, School Education, Fort St.George, Chennai. 3. The Chief Educational Officer, Ramanathapuram District, Ramanathapuram. ... Respondents PRAYER:Petition filed under Article 226 of the Constitution of India praying for the issuance of a writ of Certiorarified Mandamus to call for the records pertaining to the impugned order passed by the first respondent in his proceedings O.Mu.No.024310/K4/2010, dated 06.08.2010 and quash the same and directing the respondents to name the building in the Primary School situated at Thamaraikulam, Ramanathapuram District as "Sethuramu Nadar-Nelliammal Memorial Building". For Petitioner ... Mr.P.Natarajan For Respondents ... Mr.M.Govindan Special Government Pleader. ORDER This writ petition has been filed by the petitioner to issue a Writ of Certiorarified Mandamus to call for the records pertaining to the impugned order passed by the first respondent in his proceedings O.Mu.No.024310/K4/2010, dated 06.08.2010 and quash the same and direct the respondents to name the building in the Primary School situated at Thamaraikulam, Ramanathapuram District as "Sethurama Nadar-Nelliammal Memorial Building". 2. Heard Mr.P.Natarajan, learned Counsel for the petitioner and Mr.M.Govindan, learned Special Government Pleader, who takes notice for the respondents. 3. By consent, the writ petition itself is taken up for final disposal. https://hcservices.ecourts.gov.in/hcservices/ 2 4. The petitioner claims that he, by a registered gift deed in document No.172 of 2008 dated 18.01.2008 registered before the Sub- Registrar Office at Velipattinam, Ramanathapuram District, has gifted 75 cents land comprised in Patta No.1180, Survey No.164/1a at Pudhumadam Village, Pudhumadam Group, Velipattinam Sub-Registrar Office, Ramanathapuram Taluk. According to him, the value of the property is about Rs.50,00,000/-. The gift was made to the State of Tamil Nadu for the purpose of construction of a new building at Velangapuri Panchayat Union Primary School. The petitioner made the above gift in memory of his forefathers viz., Late Sethurama Nadar and his wife Nelliammal. The petitioner made a request to name the school building in the name of his forefathers in terms of G.O.Ms.No.409 dated 09.11.1996. The said request was rejected by the first respondent based on a letter of the Secretary to School Education in proceedings No.26551/E1/2009 dated 17.09.2009. Challenging the same, the writ petition has been filed by the petitioner. 5. On going through the impugned proceedings, it is clear that the Director of Primary Education, has merely relied upon the letter of the Secretary to School Education dated 17.09.2009 and rejected the petitioner's claim. On going through the letter of the Secretary to School Education/second respondent, there appears to be no reason whatsoever, except stating that as per the present rules, the request of the petitioner cannot be considered. No specific rule has been shown by the Secretary to reject the claim of the petitioner. 6. On the contrary, the petitioner has relied upon G.O.Ms.No.409 dated 09.11.1996, which clearly provides that if a sum of Rs.10,00,000/- is given for construction of building in respect of High School and a sum of Rs.15,00,000/- is given for construction of Higher Secondary School and where the donation is in the form of cash, immovable property or building, the person who makes the donation will entitle to have a building named as per his request. 7. In terms of the above G.O., the petitioner points out that based on a direction by this Court in W.P.No.13929 of 2008 dated 16.06.2008, a similar claim was considered and G.O.Ms.No.209 dated 13.10.2008 was passed by naming a school building as "A.Kulanthaivel Natchammal Palli Kattidam, Iduvampalayam". Therefore, the petitioner contends that the reason for rejection in his case is without considering the above said G.O. The relief sought for by the petitioner (i.e.) to name the building in the name of his forefathers viz., "Sethuraman-Nelliammal Memorial Building” is justified and prayed for a mandamus as above. 8. The learned Special Government Pleader on pointing out the non- speaking order under challenge stated that the second respondent will consider the claim of the petitioner in terms of the above said G.Os., if the matter is remitted back to the authority. 9. The order under challenge is non-speaking order and without reasons. The relevant G.O.Ms.No.409 dated 09.11.1996 has not been considered. The subsequent G.O.Ms.No.209 dated 13.10.2008, granting similar relief to the third party, justifies the petitioner's claim. No specific Rule or Government Order has been shown to deny the petitioner's claim in terms of G.O. viz., G.O.Ms.No.409 dated 09.11.1996. https://hcservices.ecourts.gov.in/hcservices/ 3 10. In such view of the matter, the impugned proceedings of both the respondents are set aside and the second respondent is directed to consider the petitioner's request for naming the building as "Sethuraman- Nelliammal Memorial Building", if the petitioner satisfies the requirements under the said G.O.Ms.No.409 dated 09.11.1996. Such exercise shall be done within a period of twelve weeks from the date of receipt of a copy of this order. 11. The Writ Petition is ordered as above. Consequently, the connected Miscellaneous Petition is closed. No costs. Sd/- Assistant Registrar (RTI) /True copy/ Sub Assistant Registrar To: 1. The Director of Primary Education, The Directorate of Primary Education, Chennai-600 006. 2. The Secretary, School Education, Fort St.George, Chennai. 3. The Chief Educational Officer, Ramanathapuram District, Ramanathapuram. +1CC TO THE SPECIAL GOVERNMENT PLEADER, SR.29302 Ssl SR : 08.09.2011 : 3p/5c W.P.(MD)No.9656 of 2011 and M.P.(MD)No.1 of 2011 25.08.2011 https://hcservices.ecourts.gov.in/hcservices/