IN THE HIGH COURT OF JUDICATURE AT MADRAS Dated : 04.01.2017 CORAM:
THE HON'BLE MR. JUSTICE D.KRISHNAKUMAR W.P.No.2161 of 2011 & M.P.Nos.2 and 3 of 2011 Paruchuri Global Foundation rep. By its Founder Mr.Paruchuri Surendra Kumar
1. Chief Educational Officer, Krishnagiri District, Krishnagiri.
2. The Head Master - Vs -
... Petitioner Govt. Higher Secondary School, Kundamaranpalli Village, Krishnagiri District.
.. Respondents The writ petition is filed under Article 226 of the Constitution of India praying for the issuance of a Writ of Certiorarified Mandamus calling for the records relating to the impugned order dt 20.1.2011 Ref. Na. Ka. 1518/A9/2010 passed by the 1st respondent and quash the same and all consequential proceedings thereof and consequently direct the respondent authorities and their subordinates officials to render all assistance to the petitioner foundation to accomplish their valuable development activities being carried out by the petitioner trust under the MOU dt 21.3.2009.
For Petitioner : Mr.S.Thankasivan For Respondents : Mr.P.Rajalakshmi, GA
ORDER
The petitioner has filed the present writ petition challenging the impugned order of the first respondent dated 20.01.2011 in Ref. Na. Ka. 1518/A9/2010 and to quash the same.
2. It is seen that a Memorandum of Understanding had been entered into between the petitioner and the first respondent herein on 06.10.2009 and the said Memorandum of understanding was valid only for a period of five years. This writ petition was admitted on 01.02.2011 and an order of interim stay was granted in M.P.No.2 of 2011 by this court, on the same day. Though a petition in M.P.No.3 of 2011 for vacating the interim order had been filed 12.04.2011, no order had been passed in the said application.
3. Now, this writ petition been taken up for final hearing after seven years. The aforesaid period of five years of the Memorandum of Understanding had already been expired and hence, this Court is of the view that nothing survives for further adjudication in this matter. Hence, this writ petition is dismissed as having become infructuous. However, it is always open to the petitioner to agitate his grievance before the appropriate forum in a manner known to law.
4. Granting such liberty to the petitioner, this writ petition is dismissed. No costs. Consequently, connected miscellaneous petitions are closed.
04.01.2017 Index : Yes/No smi To,
1. Chief Educational Officer, Krishnagiri District, Krishnagiri.
2. The Head Master Govt. Higher Secondary School, Kundamaranpalli Village, Krishnagiri District.
D.KRISHNAKUMAR, J.
smi W.P.No.2161 of 2011 04.01.2017 http://www.judis.nic.in