Respondent school filed an undertaking to vacate premises by 31 May 2016. The Court accepted the undertaking and disposed of the writ petition directing the school to vacate by the specified date without awarding costs.
School directed to vacate premises and hand over possession to owner on or before 31.05.2016 upon affidavit undertaking.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 17.12.2015
CORAM
THE HONOURABLE Mr. JUSTICE T.S.SIVAGNANAM
W.P.No.12671 of 2014 and M.P.No.1 of 2014 & M.P.No.1 of 2015
Writ Petition filed under Article 226 of the Constitution of India, praying to issue a Writ of Mandamus directing the official respondents to take action and close the Seventh Respondent School for violation of the Development Control Regulations prescribed by the second respondent, the Tamil Nadu Public Buildings (Licensing) Act, 1965, the Tamil Nadu Recognized Private Schools (Regulation) Act, 1973 and for not obtaining fire safety clearance from the sixth respondent or approval/affiliation from any recognized Board of Education.
For Petitioner : Mr.Muthukumarasamy
Standing Counsel
for Mr.A.Jenasenan
For Respondent 1, 4 & 5: Mr.N.Sakthivel
Government Advocate
For Respondent 2 : Mr.Rajasrinivasan
For Respondent 3 : Mr.R.Arunmozhi
For Respondent 7 : Ms.Srinidhi Srinivasan
For Respondent 8 : Mr.G.Krishnakumar
ORDER
Heard the learned counsels appearing on their sides and
by their consent, the Writ Petition is taken up for final
disposal.
2. The petitioner, a Welfare Association of the
residents of Krishnaswamy and Baliah Avenue, Mylapore, Chennai,
have filed this Writ Petition to close down the seventh respondent-School situated in the Krishnaswamy Avenue. According to the petitioner, the seventh respondent school was established in violation of the Development Control Regulations issued by the second respondent.
3. The seventh respondent has filed an affidavit of undertaking before this Court stating that they will vacate the premises, in which the school is currently situated on or before 31.05.2016 and the Court may extend the time upto the said date to enable them to vacate the premises
4. The learned counsel appearing for the Writ Petitioner, who is shown as first respondent in the affidavit of undertaking submits that the affidavit may be placed on record and time may be granted upto 31.05.2016.
5. Accordingly, the Writ Petition is disposed of by placing on record the affidavit of undertaking filed by seventh respondent-School and the seventh respondent-School shall vacate and hand over possession of the premises to the owner of the premises on or before 31.05.2016. No Costs. Consequently, connected miscellaneous petitions are closed.
Sd/-
Assistant Registrar(CCC)
//True Copy//
Sub Assistant Registrar
ds
To:
KGK(CO) CA(18/01/2016)
1 issue framed by the court
Whether the Writ Petition seeking closure of the school due to regulatory violations should be disposed of upon the school undertaking to vacate the premises.
3 provisions across 3 enactments
Krishnaswamy and Baliah Avenue Civic Exnora
The State of Tamil Nadu
The Chennai Metropolitan Development Authority
The Corporation of Chennai
The Joint Commissioner of Police, Traffic Egmore
The Director of School Education
T.S. Sivagnanam
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
