Allowed

Mahatma Gandhi-Kasturba v. the District Educational

Madras HC11 Apr 2019WP(MD)/3623/2019

Case brief

AI extract

What is this about?

The Court allowed a writ petition seeking a direction to change the educational agency of a school to the petitioner's name under a registered Will. The Court conditioned the relief on the petitioner producing a No Objection Certificate from the other legal heirs of the founder.

What did the court decide?

The petition was allowed subject to the petitioner producing a formal No Objection Certificate from the other legal heirs of the deceased founder.

Mahatma Gandhi-Kasturba Vs the District Educational — Education and Admissions | Madras HC (2019)

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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 11.04.2019 CORAM:

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THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN

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W.P.(MD)No.3623 of 2019

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Mahatma Gandhi-Kasturba Nursery & Primary School, 3/27, Veerarpatti, Virudhunagar Taluk, Virudhunagar District represented by its Correspondent V.Sumathi

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... Petitioner

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1.The District Educational Officer, District Educational Office, District Collector Office, Virudhunagar, Virudhunagar District.

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2.The Block Educational Officer, Block Educational Office, District Collector Office, Virudhunagar, Virudhunagar District. ... Respondents

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PRAYER: Petition filed under Article 226 of the Constitution of India to issue a Writ of Mandamus, directing the respondents 1 and 2 to change the petitioner's name as the Educational Agency of the Mahatma Gandhi-Kasturba Nursery & Primary School, 3/27 Veerarpatti, Virudhunagar Taluk, Virudhunagar District as per the recitals of the Registered Will dated 08.09.2017.

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For Petitioner : Ms.S.Mahalakshmi For Respondents : Mrs.S.Srimathy Special Government Pleader

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ORDER

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Heard the learned counsel on either side.

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2.The writ petitioner's school was started by one Seenivasagam in the year 2001. He passed away on 15.07.2018. The said school founder is said to have executed a registered Will dated 08.09.2017 in favour of his granddaughter namely., Sumathi, the school in question. The petitioner has given representation dated 28.01.2019 requesting the authority to make changes in the records, so as to reflect her name as the educational agency of the school. Since the https://hcservices.ecourts.gov.in/hcservices/ said request was not acted upon, this writ petition came to be filed.

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3.When the matter was taken up for hearing, the learned Special Government Pleader appearing for the respondents pointed that the deceased Seenivasagam had as many as seven legal heirs. The petitioner must obtain “No Objection Certificate” from them. Only then, it is possible to consider the writ petitioner's request. The petitioner's counsel pointed that all the legal heirs have formed a committee and that the committee has passed resolution in favour of the writ petitioner. But then, I am of the view that the legal heirs will have to give a formal No Objection Certificate in favour of the writ petitioner. As and when such No Objection Certificate is produced by the writ petitioner, the respondents shall make the changes sought for.

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4.The writ petition stands allowed subject to the aforesaid conditions. No costs. 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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To:

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1.The District Educational Officer, District Educational Office, District Collector Office, Virudhunagar, Virudhunagar District.

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2.The Block Educational Officer, Block Educational Office, District Collector Office, Virudhunagar, Virudhunagar District.

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+1. C.C. to M/S.S.Mahalakshmi, Advocate SR.No. 60905 +1 cc to Special Government Pleader, SR.No. 60756

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W.P.(MD)No.3623 of 2019 11.04.2019

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ias KK/17.05.2019/2P/5C

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

Mahatma Gandhi-Kasturba v. the District Educational

Case brief

What is this about?

What did the court decide?

Mahatma Gandhi-Kasturba v. the District Educational

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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