SOLOMON MATRICULATION SCHOOL, DR SOLOMON COMPOUND, NAZARETH, TUTICORIN DISTRICT Vs. CHIEF EDUCATIONAL OFFICER, TUTICORIN DISTRICT, DISTRICT ELEMENTARY EDUCATIONAL OFFICER

JUDGEMENT

(1.) The petitioner is running a Matriculation School at Nazareth, Tuticorin District. He has filed the present Writ petition seeking for a direction to the official respondents 1 to 3 to take necessary steps to close down the 4th respondent / school after following the Tamil Nadu Recognised Private Schools (Regulation) Act, 1974 and the rules framed thereunder as well as the Code of Regulations for Approved Nursery and Primary School and pass necessary orders.

(2.) Notice of motion was ordered on 30.07.2010 in the Writ petition. Pending the Writ petition, no interim order was granted.

(3.) On notice from this Court, the 2nd respondent / District Elementary Educational Officer, Tuticorin has filed a counter affidavit dated 08.11.2010. In the counter affidavit it is stated that No Objection Certificate from the neighbouring school within a radius of one kilometer need not be obtained as they are outside the purview of the Tamil Nadu Recognised Private Schools (Regulation) Act, 1973, and the neighbouring nursery school will no way affect the recognised school. With reference to the compliance with the other requirements, it is stated that the 4th respondent/School has submitted a formal application and in paragraph 5 it was averred as follows: