Disposed

Farishta v. the Director of School

Madras HC23 Jun 2017WP(MD)/10821/2017

Case brief

AI extract

What is this about?

Petitioner sought a writ mandamus directing educational officials to rename a government school per a gift deed condition. The court disposed of the petition without merits, directing respondents to consider the petitioner's representation and pass orders within six months.

What did the court decide?

Direction to respondents 1 and 2 to consider the petitioner's representation and pass orders on merits within six months after opportunity of hearing.

Farishta Vs the Director of School — Pension and Retirement Benefits | Madras HC (2017)

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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 23.06.2017 CORAM

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THE HON'BLE MR.JUSTICE K.KALYANASUNDARAM

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W.P.(MD)No.10821 of 2017

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Mohammed Farishta : Petitioner

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-vs-

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1.The Director of School Education, Educational Department,

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College Road, Chennai-06.

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2.The Chief Educational Officer, Sivagangai District, Sivagangai.

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3.The District Educational Officer, Sivagangai District, Sivagangai.

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4.The Commissioner, Ilayangudi Municipality, Ilayangudi Town & Taluk, Sivagangai District.

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5.The District Collector, Sivagangai District.

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6.The Tahsildar,

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Ilayangudi, Sivagangai District. : Respondents

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Prayer : Petition filed under Article 226 of the Constitution of India for the issuance of a Writ of Mandamus, directing the respondents 1 to 3 & 5 to change the school name from Government Girls School, Ilayangudi into Thenmalaikhan Kaji Kadharsha Ponnammal Beevi- Government Girls High School.

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For Petitioner : Mr.V.Lakshmanan

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For Respondents : Mr.M.Alagathevan

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O R D E R

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The prayer sought for in this writ petition is to direct the https://hcservices.ecourts.gov.in/hcservices/ respondents 1 to 3 & 5 to change the school name from Government Girls School, Ilayangudi, into Thenmalaikhan Kaji Kadharsha Ponnammal Beevi-Government Girls High School.

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2.The case of the petitioner is that his father constructed the school building in the year 1967 in Survey No.26/23 at Packeer Rowther Street, Ilayangudi Town and the said school was started for the purpose of providing education for girls children.

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3.The petitioner would state that his father after managing the school for 22 years donated the same and its building along with vacant premises to the Chief Educational Officer, Sivagangai, through a registered gift deed, dated 31.12.1986. One of the conditions stipulated in the gift deed is that the building and the name of the school shall be Thenmalaikkhan Haji Kader Sha Ponnammal Beevi Government Girls High School and even if the present building is repaired, altered or newly constructed. However, contrary to the gift deed, the respondents chanced the name of the school and hence, the petitioner gave a representation to the respondents on 06.08.2016. Since there was no response, the present writ petition has been filed.

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4.Heard the learned counsel appearing for the petitioner and the learned Special Government Pleader appearing for the respondents and perused the materials available on record.

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5.Considering the limited prayer sought for in this writ petition without going into the merits of the case, this writ petition is disposed of with a direction to the respondents 1 and 2 to consider the representation of the petitioner, dated 6.08.2016 and pass orders purely on merits and in accordance with law, after affording opportunity of hearing to the petitioner as well as the necessary parties, if any, within a period of six months from the date of receipt of the order copy. No costs.

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Sd/Assistant Registrar(Records)

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/True Copy/

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Sub-Assistant Registrar

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To,

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1.The Director of School Education, Educational Department, College Road, Chennai-06.

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2.The Chief Educational Officer, Sivagangai District, Sivagangai.

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3.The District Educational Officer, Sivagangai District, Sivagangai.

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4.The Commissioner, Ilayangudi Municipality, Ilayangudi Town & Taluk, Sivagangai District.

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5.The District Collector, Sivagangai District.

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6.The Tahsildar, Ilayangudi, Sivagangai District.

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https://hcservices.ecourts.gov.in/hcservices/ RL/7C/2P/KP/SAR1/17/7/2017

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W.P.(MD)No.10821 of 2017 23.06.2017

Farishta v. the Director of School

Case brief

What is this about?

What did the court decide?

Farishta v. the Director of School

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

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