Tripthi v. The State Of Tamil Nadu
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 18.03.2024 CORAM :
THE HON'BLE MR.SANJAY V.GANGAPURWALA, CHIEF JUSTICE AND THE HON'BLE MR.JUSTICE D.BHARATHA CHAKRAVARTHY Tripthi ..
Petitioner in W.P.No.4559/24 J.Sasiprabha ..
Petitioner in W.P.No.4560/24 Vs.
1. The State of Tamil Nadu Rep. by Principal Secretary to Government School Education Department Secretariat, Chennai 600 009.
2. The Director of School Education Office of the Directorate of School Education College Road, Chennai 600 006.
3. The Director of Government Examination Office of the Directorate of Government Examination College Road, Chennai 600 006.
4. The Chief Educational Officer Chengalpattu District Chengalpattu.
5. The District Educational Officer
Chengalpattu District Chengalpattu.
6. The District Collector Chengalpattu District.
7. The Tahsildar Vandalur Chengalpattu District.
8. The Commissioner of Police Tambaram Office of the Commissioner of Police Sholinganallur, Chennai 600 119.
9. The Deputy Commissioner of Police Pallikarani, Melakottiyur Chennai 600 127.
10.The Assistant Commissioner of Police Kanathur 603 112.
11.The Inspector of Police Kelambakkam Chennai 603 103.
12.St. Mary's Matriculation Higher Secondary School Rep. by its Principal and Correspondent No.3/261, Santhan Kuppam Kelambakkam, Pudupakkam Chennai 600 103.
13.Phoenix ARC Private Limited 3rd Floor, Wallace Towers, 139-140/B1 Crossing of Sahar Road and Western Express Highway Vile Parle East Mumbai, Maharashtra 400 057.
..
Respondents
Prayer: Petitions filed under Article 226 of the Constitution of India seeking a writ of Mandamus directing the 13th respondent to break open the illegal lock and seal by the 13th respondent on the premises of the 12th respondent, St Mary's Matriculation Higher Secondary School, situated at No.3/261, Santhan Kuppam, Kelambakkam, Pudupakkam, Chennai 603 103 and consequently, allow the petitioners' sons and other students to take sufficient coaching inside the school premises without any disturbances to write the upcoming Board exams and annual exams conducted by the respondents 1 to 5. For the Petitioners : Mr.S.Sheik Ismail For the Respondents : Mr.C.Kathiravan Special Government Pleader for Respondents 1 to 7 Mr.R.Muniyapparaj Additional Public Prosecutor Assisted by Mr.Sylvester John for Respondents 8 to 11 Mr.Elayarajakumar For M/s.Ramalingam Associates for Respondent-13
ORDER
(Made by the Hon'ble Chief Justice) We have heard Mr.S.Sheik Ismail, learned counsel for the petitioners, Mr.C.Kathiravan, learned Special Government Pleader for the respondents 1 to 7, Mr.R.Muniyapparaj, learned Additional Public Prosecutor, assisted by Mr.Sylvester John, learned counsel for the
respondents 8 to 11 and Mr.Elayarajakumar, learned counsel for the 13th respondent.
2. Learned counsel for the petitioners submits that examinations would conclude on 08.04.2024.
3. The order passed by this Court on 21.02.2024 shall continue till 20.04.2024.
4. We have passed the order considering the interest of the students. The school/institution which has borrowed huge loan cannot take shelter of students. The education department can protect the academic interest of students by accommodating them in other schools. However, a chronic defaulter cannot be protected.
5. On and after 20.04.2024, the respondent bank is entitled to take measures with regard to the secured asset in accordance with law and it is also expected that the law enforcement machinery would cooperate.
6. The writ petitions are disposed of. There shall be no order as to costs. Consequently, W.M.P.Nos.4975 and 4974 of 2024 are closed. (S.V.G., CJ.) (D.B.C., J.) 18.03.2024 Index :
Yes/No :
Yes/No kpl To
1. The Principal Secretary to Government School Education Department, Secretariat, Chennai 600 009.
2. The Director of School Education Office of the Directorate of School Education College Road, Chennai 600 006.
3. The Director of Government Examination Office of the Directorate of Government Examination College Road, Chennai 600 006.
4. The Chief Educational Officer Chengalpattu District, Chengalpattu.
5. The District Educational Officer Chengalpattu Distric, Chengalpattu.
6. The District Collector, Chengalpattu District.
7. The Tahsildar, Vandalur, Chengalpattu District.
8. The Commissioner of Police Tambaram Office of the Commissioner of Police Sholinganallur, Chennai 600 119.
9. The Deputy Commissioner of Police Pallikarani, Melakottiyur, Chennai 600 127.
10.The Assistant Commissioner of Police, Kanathur 603 112. 11.The Inspector of Police, Kelambakkam, Chennai 603 103.
THE HON'BLE CHIEF JUSTICE AND D.BHARATHA CHAKRAVARTHY, J (kpl) 18.03.2024