Madras High CourtWP/8303/2023withdrawn dismissed

N.C.Kumar v. The Secretary,

2023-03-17Honourable Mr Justice P.D.Audikesavalu8 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 17.03.2023

CORAM

THE HON'BLE MR. JUSTICE P.D. AUDIKESAVALU and W.M.P. No. 8498 of 2023 N.C.Kumar ... Petitioner -vs1. The Secretary, Department of School Education, Fort. St. George, Chennai - 600009.

2. State Commissionerate for Welfare of the Differently Abled, No. 5, Kamarajar Salai, Lady Wellington College Campus, Chennai - 600005.

3. The Director of School Education, Tamil Nadu - 600008.

4. The Chief Educational Officer, Office of Chief Educational Officer, ICI, Government Boys Higher Secondary School Compound, Tenkasi - 627811.

5. The District Educational Officer, Office of the District Educational Officer, Madurai Road, Tenkasi - 627811.

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6. Finance Control Officer, Directorate of School Education, Tamil Nadu - 600008.

7. The Headmaster, Government Higher Secondary School, Neduvayal-Achanputhur, Tenkasi - 627803.

... Respondents Prayer:- Writ Petition filed under Article 226 of the Constitution of India, 1950, praying to issue a Writ of Certiorarified Mandamus, calling for the records in impugned order in file No. 003804/LO/2022 on the file of the State Commissionerate for Welfare of the Differently Abled dated 08.12.2022 and quash the same as illegal and consequently direct the Fourth Respondent to Release the Travel Allowance from the year 2018 with interest. For Petitioner : Mr. R.Prabhakaran For Respondents : Mrs. R.Anitha, Special Government Pleader

O R D E R

Heard Mr. R.Prabhakaran, Learned Counsel for the Petitioner and Mrs. R.Anitha, Learned Special Government Pleader appearing for the Respondents and perused the materials placed on record, apart from the pleadings of the parties.

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The Petitioner, who is working as Lab Assistant in the Government Higher Secondary School at Neduvayal, Achanputhur has filed this Writ Petition challenging the order of rejection of his claim for traveling allowance. 3.

It is not in dispute that the School of the Second Respondent, where the Petitioner is employed and the offices of the Fourth to Seventh Respondents are situated within the territorial limits of jurisdiction of the Madurai Bench of this Court. The only reason stated by the Petitioner for approaching the Principal Seat of this Court instead of Madurai Bench is that the office of the First to Third Respondents are located at Chennai within the territorial limits of jurisdiction of this Court. There cannot be any doubt that the First to Third Respondents exercise powers for the whole of the State of Tamil Nadu, but that cannot be said to mean as if the cause of action has arisen within the territorial limits of jurisdiction of the Principal Seat of this Court at Chennai.

Even if it is assumed that a part of cause of action has arisen within the territorial limits of jurisdiction of this Court, the principle of forum conveniens would come into play as held by the Division Bench of this Court in C.Ramesh -vs- The Director General of Police (Order dated 06.06.2013 in W.P. (MD) No. 8790 of 2013), as follows:- "7.

Exercise of jurisdiction is based on arising of the cause of 3/8

action, either in whole or in part in any one of the said Revenue Districts. [See RAJASTHAN HIGH COURT ADVOCATES' ASSOCIATION Vs. UNION OF INDIA AND OTEHRS (2001 (2) SCC 294) and B.STALIN Vs. THE REGISTRAR, SUPREME COURT OF INDIA AND OTHERS (2012 (3) LW 489 (FB))]. 8.

It should be remembered that the part of cause of action must be substantial in nature. The territorial jurisdiction of the Court is linked with the place of accrual of cause of action. [See U.P. RASHTRIYA CHINI MILL ADHIKARI PARISHAD, LUCKNOW Vs. STATE OF U.P. AND OTHERS (1995 (4) SCC 738)].

Referring to KUSUM INGOTS & ALLOYS LTD. Vs. UNION OF INDIA (2004 (3) CTC 365), a Full Bench of this Court in SANJOS JEWELLERS Vs. SYNDICATE BANK, BANGALORE AND OTHERS (2007 (5) CTC 305), held as under:- "30. We must, however, remind ourselves that even if a small part of cause of action arises within the territorial jurisdiction of the High Court, the same by itself may not be considered to be a determinative factor compelling the High 4/8

Court to decide the matter on merit. In appropriate cases, the Court may refuse to exercise its discretionary jurisdiction by invoking the Doctrine of forum conveniens. [See BHAGAT SINGH BUGGA Vs. DEWAN JAGBIR SAWHNEY, AIR 1941 CAL 670 : ILR (1941) 1 CAL 490; MADANLAL JALAN Vs. MADANLAL, 1945 (49) CWN 357: AIR 1949 CAL 495; BHARAT COKING COAL LTD. Vs. JHARIA TALKIES & COLD STORAGE (P) LTD., 1997 CWN 122; S.S.JAIN & CO. Vs. UNION OF INDIA, 1994 (1) CHN 445, and NEW HORIZONS LTD. Vs. UNION OF INDIA, AIR 1994 DEL 126]."

10.

Question of entertaining a lis disclosing a cause of action or part of cause of action is based on the averments contained in the affidavit etc. At that stage, the truth or otherwise of the averments need not be gone into. But, there must be necessary averments disclosing a cause of action, so that the Court can take cognizance of/entertaining the lis exposed in the petition for taking further action. [See OIL AND NATURAL GAS COMMISSION Vs. UTPAL KUMAR BASU AND OTHERS (1994 5/8

(4) SCC 711)].

11.

A Court cannot arrogate/assume/confer upon itself a jurisdiction-territorial jurisdiction, when it has no such jurisdiction. Lack of jurisdiction to entertain a matter goes to the root of the matter, otherwise whatever action taken or orders passed by the Court becomes a nullity, it is non est and of no consequence at all resulting in wasting of precious public time. Courts are barred from indulging in hypothetic and academic exercises."

Having regard to the aforesaid legal position viz-a-viz factual matrix of this case, the cause of action for the Writ Petition, would have to be necessarily construed as having arisen wholly outside the territorial limits of jurisdiction of the Principal Bench of this Court, notwithstanding that the office of the First to Third Respondents is located in Chennai. Though obvious, it is made clear that no view has been expressed by this Court on the merits of the controversy involved in the matter.

When it is pointed out that the Writ Petition cannot be entertained in the Principal Seat of this Court in that backdrop, Learned Counsel for the Petitioner seeks permission of the Court to withdraw this Writ Petition with liberty to file 6/8

fresh Writ Petition for the same relief before the Madurai Bench of this Court and he has made an endorsement to that effect in the court record. In fine, the Writ Petition is dismissed as withdrawn granting such liberty. Consequently, the connected Miscellaneous Petition is closed. No costs. 17.03.2023 kv Index: Yes/No Note: Issue order copy by 29.05.2023 To

1. The Secretary, Department of School Education, Fort. St. George, Chennai - 600009.