Allowed

S.M.M. Aru. Alamelu v. the District Collector

Madras HC21 Nov 2013WP(MD)/17936/2013

Case brief

AI extract

What is this about?

A private aided school sought writ relief for renewal of recognition without Revenue clearance due to a land ownership dispute pending in a related case. The Court directed the Education Department to consider the renewal proposal without insisting on the No Objection Certificate, subject to the outcome of the related land dispute litigation.

What did the court decide?

Direction to respondents to consider renewal of school recognition without insisting for No Objection Certificate from Revenue Department, subject to the outcome of connected W.P. No.17923 of 2013.

S.M.M. Aru. Alamelu Vs the District Collector — Education and Admissions | Madras HC (2013)

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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

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DATED:21.11.2013

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CORAM:

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THE HONOURABLE MR.JUSTICE S.NAGAMUTHU

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W.P.(md).No.17936 of 2013

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S.M.M.Aru.Alamelu Arunachalam High School, Panayapatti 622 406 Pudukkottai District rep. By its Secretary, M.Murugappan ... Petitioner Vs 1.The District Collector, Pudukkottai District, Pudukkottai.

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2.The Revenue Divisional Officer, Pudukkottai District, Pudukkottai.

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3.The Director of School Education, DPI Campus, College Road, Chennai 600 006.

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4.The Joint Director of School Education (Secondary) Office of the Director of School Education, DPI Campus, College Road, Chennai 600 006.

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5.The Chief Educational Officer, Pudukkottai District, Pudukkottai.

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6.The District Educational Officer, Pudukkottai District, Pudukkottai ... Respondents

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Prayer : This petition is preferred under Article 226 of the Constitution of India to issue a writ of Mandamus directing the respondents to grant renewal of recognition to the petitioner school from 01.07.2009 onwards by considering the proposals submitted by the petitioner School dated 03.05.2013 without insisting for No Objection Certificate/Clearance Certificate from the Revenue Department in respect of the land in S.No.697/6 and 703/18 Melapanaiyur village, Thirumayam Taluk, Pudukkottai District in which the petitioner school is located, in the facts and https://hcservices.ecourts.gov.in/hcservices/ circumstances stated in the affidavit filed in support of the Writ Petition, with all consequential and other attendant benefits within a time frame to be fixed by this Court.

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For Petitioner : Mr.G.Sankaran For Respondents : Mr.S.Kumar

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Additional Government Pleader

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ORDER

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The petitioner is a Private Aided School. The said school has been functioning in the building constructed in S.No.703/4 (Old survey number) at Panayampatti Village, Pudukkottai District. According to the petitioner, the land is a private land and the same has been classified as Natham land. But the Revenue Authorities have declined to grant patta to the petitioner holding that it is a Government Poromboke. While so, the petitioner had submitted a proposal to the District Educational Officer, Pudukkottai, on 03.05.2013 seeking renewal of recognition of the school. But the Education Department has demanded No Objection Certificate from the Revenue Department in respect of the said lands comprised in S.Nos. 697/6 and 703/18 (New survey Number). Therefore, the petitioner is before this Court seeking a direction to the respondents to consider the proposal for recognition of the school, without insisting for No Objection from the Revenue Authorities.

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2.I have heard the learned counsel appearing for the petitioner and the learned Additional Government Pleader appearing for the respondents. I have also perused the records carefully.

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3.In the counter filed by the 6^th respondent, it is stated that for the purpose of renewal of the school, the Petitioner School has neither shown that the land is their own nor that the land is under lease for a period of 30 years. Since no such document has been produced, recognition has not been renewed sofar, it is stated.

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4.I have considered the above submissions.

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5.The fact remains that the school has been functioning on the said land for a number of years on due recognition. Later on, a dispute arose as to whether the land belongs to the Government or it is a private land. The said question is now being examined by this Court in W.P.(md). No.17923 of 2013.

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6.In my considered opinion, having regard to the welfare of the children and running of the school in the said land for a long time, it would be appropriate to renew the recognition of the school, without insisting for the No Objection Certificate from the Revenue Department, https://hcservices.ecourts.gov.in/hcservices/ however, subject to the outcome of the W.P.(md).No.17923 of 2013.

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7.In view of the above, this writ petition is allowed with a direction to the respondents 3 to 6 to consider the proposal for renewal of recognition of the Petitioner School without insisting for No Objection from Revenue Department in respect of the land. It is further directed that consequential order shall be passed by the respondents 3 to 6 within a period of six weeks from the date of receipt of a copy of this order. It is made clear that any renewal given in pursuance of this order shall be subject to the outcome of W.P.(md).No.17923 of 2013. Consequently, connected M.P.(md).Nos.1 to 3 of 2013 are closed. No costs.

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Sd/-

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Assistant Registrar(Crl.Side)

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/ True copy /

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Sub Assistant Registrar

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1.The District Collector, Pudukkottai District, Pudukkottai.

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2.The Revenue Divisional Officer, Pudukkottai District, Pudukkottai.

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3.The Director of School Education, DPI Campus, College Road, Chennai 600 006.

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4.The Joint Director of School Education (Secondary) Office of the Director of School Education, DPI Campus, College Road, Chennai 600 006.

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5.The Chief Educational Officer, Pudukkottai District, Pudukkottai.

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6.The District Educational Officer, Pudukkottai District, Pudukkottai.

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+1cc to Mr.F.Deepak, Advocate in Sr No.57511.

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+1cc to Spl.Govt.Pleader in Sr No.57430.

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W.P.(md).No.17936 of 2013 21.11.2013

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msm 9.12.2013 p3/9c

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https://hcservices.ecourts.gov.in/hcservices/

S.M.M. Aru. Alamelu v. the District Collector

Case brief

What is this about?

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S.M.M. Aru. Alamelu v. the District Collector

Case brief

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