IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED : 17..12..2008 C O R A M THE HONOURABLE MR. S.J. MUKHOPADHAYA, ACTING CHIEF JUSTICE AND THE HONOURABLE MR. JUSTICE V. DHANAPALAN Writ Appeal No.1171 of 2008 Christ Matric Higher Secondary School, Kottapatti, Uthangarai, Krishnagiri District-636 207, Rep. by its Correspondent S. Soundarapandian, Kottapatti, Uthangarai Taluk, Krishnagiri District. .. Appellant/Petitioner versus 1. The District Collector, Appellate Authority, Krishnagiri District, Krishnagiri. 2. The Tahsildar, Uthangarai, Krishnagiri District. 3. The Revenue Inspector, Uthangarai, Krishnagiri District. 4. The Correspondent, Adhiaman Matriculation School, Kollapatti, Uthangarai, Krishnagiri District. .. Respondents - - - - - Prayer : Writ Appeal filed under Clause 15 of the Letters Patent against the order of a learned single Judge of this Court dated 30.4.2008 passed in W.P. No.11669 of 2008. Petition filed under Article 226 of The Constitution of India to issue a writ of certiorarified mandamus calling for the records relating to the impugned order passed in Na.Ka.No.39211/2007/J-2, dated 31.03.2008 and quash the same and consequently, direct the respondents to comply with the order passed in W.P.No.25851 of 2007 dated 22.08.2007. - - - - - https://hcservices.ecourts.gov.in/hcservices/ For Appellant : Mr. A.R. Nixon For Respondents-1 to 3 : Mr. Raja Kalifulla, Govt. Pleader - - - - - J U D G M E N T ( Delivered by The Honourable The Acting Chief Justice ) The appellant, Christ Matric Higher Secondary School (hereinafter referred to as the 'appellant-School'), made a grievance that the fourth respondent, Adhiaman Matriculation School (hereinafter referred to as the 'respondent-School'), has been established within a radius of 1 kilometer of the appellant-School. According to the appellant-School, it is against the State Government Guidelines dated 9.5.1997 which prohibits such starting of a regular school within one kilometer radius of the existing school without obtaining a No Objection Certificate from the competent authority. The writ petition having been dismissed by the learned single Judge on 30.4.2008, the present writ appeal has been preferred. 2. We have heard the learned counsel appearing on behalf of the appellant and the learned Government Pleader appearing for respondents 1 to 3. 3. It will be evident from the order impugned in the writ appeal that the learned single Judge relied on a decision of this Court in Aided Elementary School, rep. by M. Rajagopal, Mullichettipatti, Tinnapatti Post vs. Government of Tamil Nadu, rep. by its Secretary, Education Department, Chennai & Others reported in 1997 Writ L.R. 862, wherein with regard to a similar grievance, the Court held that such a writ petition is not maintainable at the instance of a rival school. In the present case, the appellant-School has not enclosed any Government Order or guideline, including the Guidelines dated 9.5.1997, of which a reference is given. 4. Before us, reliance is placed on the judgment of a Division Bench of this Court dated 23.6.1997 passed in Writ Appeal No.687 of 1997 (Sri Rajendra Matriculation School vs. State of Tamil Nadu & Others), wherein the Court noticed the order issued by the State Government as late as on 9.5.1997 prohibiting such starting of rival school within one kilometer radius without obtaining a No Objection Certificate. From the said judgment, it appears that no such school can be opened within one kilometer radius of an existing school, but there is no such bar to open such school within one kilometer radius with https://hcservices.ecourts.gov.in/hcservices/ the permission of the competent authority on grant of a No Objection Certificate. 5. In these facts and circumstances, we are not inclined to interfere with the order passed by the learned single Judge dated 30.4.2008. In the absence of any merit, the writ appeal is dismissed. But there shall be no order as to costs. Consequently, M.P. No.1 of 2008 is closed. Ab Sd/ Asst.Registrar /true copy/ Sub Asst.Registrar To 1. The District Collector, Appellate Authority, Krishnagiri District, Krishnagiri. 2. The Tahsildar, Uthangarai, Krishnagiri District. 3. The Revenue Inspector, Uthangarai, Krishnagiri District. + 1 cc to Mr. A. R. Nixon, Advocate SR No.70734 + 1 cc to the Government Pleader SR No.70531 Writ Appeal No.1171 of 2008 RSM(CO) SR/23.12.2008 https://hcservices.ecourts.gov.in/hcservices/