Tamilnadu Typewriting -Shorthand v. the State Govt. of Tamil Nadu

Madras HC3 Sept 2020WP(MD)/6581/2020

Case brief

AI extract

What is this about?

This common order disposed of two writ petitions seeking relaxation from the COVID-19 lockdown to reopen typewriting and computer institutes. Relying on a 2020 Government Notification allowing skill training institutes to open under SOPs, the Court held no further adjudication was needed. It allowed incidental claims for ex-gratia relief to be pursued via reminders to officials.

What did the court decide?

Nothing remains for further adjudication; matter closed subject to no order regarding costs; ex-gratia claims to be pursued via reminders.

Tamilnadu Typewriting -Shorthand Vs the State Govt. of… — Service and Employment | Madras HC (2020)

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W.P.(MD)Nos.6581 and 8927 of 2020

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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

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DATED : 03.09.2020 CORAM THE HONOURABLE MR.JUSTICE M.SATHYANARAYANAN AND

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THE HONOURABLE MR.JUSTICE P.RAJAMANICKAM

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W.P.(MD)Nos.6581 and 8927 of 2020

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W.P.(MD)No.6581 of 2020:

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TamilNadu Typewriting - Shorthand - Computer Institutes Sangam (Reg.No.18/2018), No.140, North Car Street, Srivilliputhur, Virudhunagar District, Rep. by its President, Soma Sankar ... Petitioner Vs.

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1.The State Government of TamilNadu, Rep. by its Chief Secretary, Secretariat, Fort St. George, Chennai. 2.The Principal Secretary to Government of TamilNadu, Higher Education Department, Secretariat, Fort St. George, Chennai. 3.The Commissioner, Directorate of Technical Education, 53, Sardar Patel Road, Baktavatsalam Nagar, Guindy, Chennai. ... Respondents

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Prayer : Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus, directing the respondents herein to consider the representations dated 01.06.2020 given by the writ petitioner Sangam to give relaxation from lockdown for opening the Institutes run by the members of Writ Petitioners Associations.

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For Petitioner : Mr.AL.Kannan For Respondents : Mrs.S.Srimathy Special Government Pleader

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W.P.(MD)No.8927 of 2020:

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TamilNadu Typewriting - Computer Institutes Association (Reg.No.43/2016), 19, Melaponnagaram Main Road, Madurai - 625 016. Rep. by its State President

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

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... Petitioner

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W.P.(MD)Nos.6581 and 8927 of 2020

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Vs.

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1.The State of TamilNadu, Rep. by its Chief Secretary to Government, Secretariat, Fort St. George, Chennai.

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2.The Principal Secretary to Government, State of TamilNadu, Higher Education Department, Secretariat, Fort St. George, Chennai.

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3.The Director, Directorate of Technical Education, 53, Sardar Patel Road, Baktavatsalam Nagar, Guindy, Chennai. ... Respondents

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Prayer : Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus, directing the respondents to give appropriate and suitable relaxation from lockdown for reopening and running the Government approved typewriting and computer institutions by considering the representation dated 19.05.2020 given by the petitioner.

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For Petitioner : Mr.S.Meenakshi Sundaram Senior Counsel for M/s.M.Sengu Vijay For Respondents : Mr.R.Murugan Additional Government Pleader

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COMMON ORDER

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[Order of the Court was made by M.SATHYANARAYANAN, J. ]

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This Court, in continuation and in conjuncture with the earlier order dated 06.08.2020, is passing the following order.

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2.Since the issue that arose for consideration in these Writ Petitions is one and the same, they are disposed of by this common order.

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3.The matter in issue pertains to permission to open the Typewriting - Shorthand - Computer Institutes all over Tamil Nadu, which were ordered to be closed due to outbreak of COVID - 19 Pandemic Virus.

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4.Mr.S.Meenakshi Sundaram, learned Senior Counsel, assisted by Mr.M.Sengu Vijay, learned counsel appearing for the petitioner in https://hcservices.ecourts.gov.in/hcservices/

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2/4

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W.P.(MD)Nos.6581 and 8927 of 2020

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W.P.(MD) No.8927 of 2020 and Mr.AL.Kannan, learned counsel for the petitioner in W.P.(MD) No.6581 of 2020 have drawn the attention of this Court to the announcement/notification in Statement No.182, dated 30.08.2020, made by the Hon'ble Chief Minister and would submit that as per page No.4, Paragraph No.11 of the said notification, the institutions imparting skill and industrial training are allowed to open subject to following of the standard operating procedure and hence, nothing remains for consideration in these Writ Petitions.

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5.This Court considered the rival submissions and perused the materials placed on record.

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6.In the light of the above said notification dated 30.08.2020, nothing remains for further adjudication in these Writ Petitions. Insofar as the claim of ex-gratia to the members of the Association during the period of lockdown is concerned, there are at liberty to pursue the said remedy in the form of reminders to the representations already made, and as and when the reminders are received the concerned officials shall consider the same and give earlier disposal in accordance with law.

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7.These Writ Petitions are closed subject to the above observations. However, in the facts and circumstances of the case, there shall be no order as to the costs.

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/ /2020 Sub Assistant Registrar(CS)

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Note : In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate/litigant concerned To

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1.The Chief Secretary, Government of TamilNadu, Secretariat, Fort St. George, Chennai.

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2.The Principal Secretary to Government of TamilNadu, Higher Education Department, Secretariat, Fort St. George, Chennai.

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

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W.P.(MD)Nos.6581 and 8927 of 2020

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3.The Commissioner, Directorate of Technical Education, 53, Sardar Patel Road, Baktavatsalam Nagar, Guindy, Chennai.

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4.The Director, Directorate of Technical Education, 53, Sardar Patel Road, Baktavatsalam Nagar, Guindy, Chennai.

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+1 CC to SPL GP ( SR-15967[F] dated 04/09/2020 )

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W.P.(MD)Nos.6581 and 8927 of 2020 03.09.2020

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VB (14.09.2020) 4P 6C

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

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Tamilnadu Typewriting -Shorthand v. the State Govt. of Tamil Nadu

Case brief

What is this about?

What did the court decide?

Tamilnadu Typewriting -Shorthand v. the State Govt. of Tamil Nadu

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

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