LAWS(MAD)-2013-8-145

BLOCK DEVELOPMENT OFFICER Vs. GOVERNMENT AIDED ELEMENTARY

Decided On August 26, 2013
BLOCK DEVELOPMENT OFFICER Appellant
V/S
Government Aided Elementary Respondents

JUDGEMENT

(1.) Being aggrieved by the order in W.P.No.22573 of 2005, dated 27.11.2006, directing the appellant and the educational authorities to permit the first respondent to run the school continuously in the newly constructed school building in the land at Survey No.45/2, Vagaiyur Village, Thittagudi Taluk, Cuddalore District and the Block Development Officer has preferred this Writ Appeal.

(2.) The Writ Petition has been filed for a mandamus seeking for a direction to run the school continuously in the newly constructed school building in the land in Survey No.45/2, Vagaiyur village, Thittagudi Taluk, Cuddalore District, which is described as Government poromboke in the Revenue Records.

(3.) The case of first respondent is that they are running the school from 4.8.1948 and after the tragic incident at Kumbakonam, the Government directed all the Government Schools and Aided Schools to remove the thatched sheds and put concrete roof. Since the first respondent did not have the funds to put up concrete roof, the first respondent passed a resolution on 13.8.2004, requesting the State Government to take over the Management of the school by expressing their inability for construction of the new building and in this regard a letter was also addressed to the Director of Elementary Education on 20.8.2004, for taking over the Management of the School.