Mr. Shyam Prabhu v. The District Elementary
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 23-01-2024
CORAM
THE HONOURABLE MR.JUSTICE S.M. SUBRAMANIAM And WMP No.14505 of 2018 Mr.Shyam Prabhu .. Petitioner -vs1.The District Elementary Education Officer, Vellore Fort Round Complex, Vellore.
2.The Chief Educational Officer, B-Block, 3rd Floor, Office of the Collectorate Complex, Sathuvachari, Vellore-9.
3.The Director of Elementary Education, College Road, Chennai-600 006.
4.The Correspondent, Sri Krishna Bala Mandhir Nursery and Primary School, No.13, Somu Mudali Street, Ranipet, Vellore District.
.. Respondents Writ Petition is filed under Article 226 of the Constitution of India praying for the issuance of a Writ of a Writ of Certiorarified Mandamus, thereby calling for the entire records in Na.Ka.No.2334/A4/2017 dated ..02.2018 passed by the first respondent and quash the same and thereby directing the fourth respondent to shift the School from No.13, Somu Mudali Street, Ranipet, Vellore District.
For Petitioner :
Mr.K.Mohanamurali For Respondents-1 to 3 :
Mr.G.Ameedius, Government Advocate.
For Respondent-4 :
Ms.R.Hemavathi
O R D E R
The impugned order dated February 2018 would reveal that management dispute exists between the writ petitioner and the fourth respondent. A civil suit has been instituted in OS No.73 of 2015 on the file of the District Munsif Court at Ranipet.
2. The learned counsel appearing on behalf of the petitioner would submit that civil suit in OS No.73 of 2015 is pending on the file of the District Munsif Court at Ranipet.
3. That being so, the parties have to adjudicate the issues in the pending suit for redressal of their grievances. The private management dispute between the parties cannot be adjudicated in the writ proceedings under Article 226 of the Constitution of India.
4. With the above observations, the present writ petition stands dismissed. However, there shall be no order as to costs. Consequently, the connected miscellaneous petition is also dismissed. 23-01-2024 Index : Yes/No Internet: Yes/No Speaking order/Non-Speaking order Svn
To 1.The District Elementary Education Officer, Vellore Fort Round Complex, Vellore.
2.The Chief Educational Officer, B-Block, 3rd Floor, Office of the Collectorate Complex, Sathuvachari, Vellore-9.
3.The Director of Elementary Education, College Road, Chennai-600 006.
S.M.SUBRAMANIAM, J.
Svn WP 12361 of 2018 23-01-2024