Zamin Kollankondan Nadar Uravinmurai v. The Director
WP(MD)/17505/2025 · 2025-06-30
Vivek Kumar Singh
Transfer Petitionbody2025
DailyLaw.ai
[ 2025 DAILYLAW 147098 (MAD) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 147098 (MAD) · dailylaw.ai ]
Judgment text
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W.P.(MD).No.17505 of 2025 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 30.06.2025
CORAM:
THE HONOURABLE MR.JUSTICE VIVEK KUMAR SINGH W.P.(MD)No.17505 of 2025 Zamin Kollankondan Nadar Uravinmurai, (Reg No.60/2004) By its President, P.Vairavasamy.
... Petitioner -vs-
1. The Director, School Education Department, DPI Campus, College Road, Chennai.
2. The Joint Director (Higher Secondary), School Education Department, DPIs Campus, College Road, Chennai.
3. The Chief Educational Officer, Virudhunagar District. Virudhunagar
4. The District Educational Officer (Secondary), Virudhunagar District, Sivakasi. ... Respondents 1/6 https://www.mhc.tn.gov.in/judis
W.P.(MD).No.17505 of 2025 PRAYER: Petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus directing the 4th respondent herein to approve the newly elected school committee of Nadar Higher Secondary School zaminkollankondan, Rajapalayam Taluk, Virudhunagar District for the period from 23.01.2025 to 22.01.2028 by considering the petitioner's proposal dated 10.05.2025 and resubmission dated 24.06.2025.
For Petitioner : Mr.V.Meenakshisundaram For Respondents : Mr.M.Siddharthan Additional Government Pleader
ORDER This writ petition has been filed seeking a direction to the fourth respondent to approve the newly elected school committee of Nadar Higher Secondary School zaminkollankondan, Rajapalayam Taluk, Virudhunagar District for the period from 23.01.2025 to 22.01.2028 by considering the petitioner's proposal dated 10.05.2025 and resubmitted proposal dated
24.06.2025.
2. Heard the learned counsel on either side. 2/6 https://www.mhc.tn.gov.in/judis
W.P.(MD).No.17505 of 2025
3. The petitioner is an educational society registered under the Tamil Nadu Societies Registration Act, 1975. An election has been conducted to elect new committee members and they assumed office also. Thereafter, the petitioner submitted a proposal dated 10.05.2025 and resubmitted the proposal dated 24.06.2025 seeking approval of newly constituted school committee. Since the said proposals have not been considered, the petitioner filed this writ petition.
4. It is needless to point out that whenever a representation of this nature is made to a Statutory Authority, there is a duty cast upon him to consider the same on its own merits and pass appropriate orders in one way or other, instead of keeping the same pending indefinitely. As such, non-
consideration of the representation by the Statutory Authority would amount to dereliction of duty and hence, this Court will be justified in invoking its extraordinary powers under Article 226 of the Constitution of India and direct them to consider the same within a stipulated time.
5. In the light of the above observations, there shall be a direction to the third respondent to consider the petitioner's proposal dated 10.05.2025 and resubmitted the proposal dated 24.06.2025 on its own merits and pass 3/6 https://www.mhc.tn.gov.in/judis
W.P.(MD).No.17505 of 2025 appropriate orders in accordance with law, within a period of two weeks from the date of receipt of a copy of this order. It is also made clear that this Court has not expressed any of its views with regard to the merits of the matter and that it is open to the respondents to consider the same on its own merits.
6. With the above observations and directions, the Writ Petition stands
disposed of. There shall be no order as to costs. 30.06.2025 NCC : Yes/No Index : Yes / No sm 4/6 https://www.mhc.tn.gov.in/judis
W.P.(MD).No.17505 of 2025 TO:-
1. The Director, School Education Department, DPI Campus, College Road, Chennai.
2. The Joint Director (Higher Secondary), School Education Department, DPIs Campus, College Road, Chennai.
3. The Chief Educational Officer, Virudhunagar District. Virudhunagar
4. The District Educational Officer (Secondary), Virudhunagar District, Sivakasi. 5/6 https://www.mhc.tn.gov.in/judis
W.P.(MD).No.17505 of 2025 VIVEK KUMAR SINGH, J. sm
Order made in W.P.(MD)No.17505 of 2025 Dated: 30.06.2025 6/6 https://www.mhc.tn.gov.in/judis