1 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 15/07/2011 C O R A M THE HONOURABLE MR.JUSTICE S.MANIKUMAR W.P.(MD) No.7903 of 2011 and M.P.(MD).Nos.1 & 2 of 2011 S.Ranisulthai ... Petitioner Vs. 1.The State of Tamil Nadu, rep. by its Secretary, Department of School Education, Fort St. George, Chennai - 600 009. 2.The Director of Elementary Education, College Road, Chennai - 600 006. 3.The District Elementary Educational Officer, Tirunelveli District, Tirunelveli. 4.The Additional Assistant Elementary Educational Officer, Vasudevannalloor, Tirunelveli District. ... Respondents Petition filed under Article 226 of the Constitution of India praying for a Writ of Certiorarified Mandamus, to call for the records pertaining to the impugned proceedings of the third respondent in O.Mu.No.1742/A2/11 dated 13.05.2011 and quash the same and further direct the 3rd respondent to register forthwith the transfer of management of Arunodhaya Middle School in favour of the petitioner w.e.f. 03.01.2011 and disburse the grant-in-aid to the school. For petitioner .. Mr.Isaak Mohanlal For respondents .. Mr.S.Chandrasekar, Government Advocate ORDER Though the petitioner has sought for a writ of certiorified mandamus to quash the impugned proceedings of the District Elementary Educational Officer, third respondent in O.Mu.No.1742/A2/11 dated 13.05.2011 and to direct the third respondent to register forthwith the transfer of management of Arunodhaya Middle School in favour of the petitioner with effect from 03.01.2011 and to disburse the grant-in-aid to the school, Mr.Isaac Mohanlal, learned counsel for the petitioner submitted that the petitioner would be satisfied, if an opportunity is given to the petitioner to explain as regards the propriety of the educational agency and the lawful authority of the transfer seeking approval, with adequate documentary evidence. It is further contended by the learned counsel for the petitioner that as the impugned order does not reflect proper reasons, except recording the filing of a suit by one Smt.A.Angalaeeswari, who has no legal or statutory right to object to the proposals for recognization of the petitioner as an educational agency, the same may be set aside and remanded back to the District Elementary Educational Officer, Tirunelveli for appropriate orders. https://hcservices.ecourts.gov.in/hcservices/ 2 2.Mr.S.Chandrasekar, learned Government Advocate appearing for the respondents was put on notice and heard. He submitted that as a civil suit is pending between the parties, the impugned proceedings are proper and therefore, prayed to sustain the same. 3.Perusal of the impugned order issued by the third respondent in O.Mu.No.1742/A2/11, dated 13.05.2011, shows that the proposals have been received from the writ petitioner for recognizing the change of educational agency and a suit filed by Smt.A.Angalaeeswari, in O.S.No.226 of 2010 on the file of the learned District Munsif, Sivagiri has been taken note of and that the District Elementary Educational Officer, Tirunelveli, third respondent has returned the proposals on the ground that only after the outcome of the civil suit, the proposals would be considered. Such a view taken by the District Elementary Educational Officer, Tirunelveli, third respondent cannot be approved for the reason that he is bound to consider the merits of the claim and pass a detailed speaking order, though he is not an authority to decide any question relating to title to the properties. Except stating that a suit is pending, it is apparent that he has not considered the merits or demerits of the claim. 4.In such view of the matter, the impugned order dated 13.05.2011 is set aside with a direction to the District Elementary Educational Officer, Tirunelveli, third respondent to give an opportunity to the writ petitioner to set out all the details relating to the change of educational agency and also issue a notice to Smt.Angalaeeswari, the objector and take appropriate decision in the matter of approval of change of educational agency. The above exercise shall be completed within a period of two months from the date of receipt of a copy of this order. 5.The writ petition is disposed of accordingly. Consequently, connected miscellaneous petitions are closed. No costs. gcg Sd/- Assistant Registrar[CO] /True copy/ To Sub Assistant Registrar 1.The Secretary to Government of Tamil NaduDepartment of School Education, Fort St. George, Chennai - 600 009. 2.The Director of Elementary Education, College Road, Chennai - 600 006. 3.The District Elementary Educational Officer, Tirunelveli District 4.The Additional Assistant Elementary Educational Officer, Vasudevannalloor, Tirunelveli District. +1 cc to Mr.Isaac Mohanlal, Advocate Sr.No.23266. W.P.(MD) No.7903 of 2011 Dated:15.07.2011 2P/6C RPB 20.07.2011[I.T.] https://hcservices.ecourts.gov.in/hcservices/