M.Jaganathan v. The District Collector,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 10.09.2020
CORAM
THE HONOURABLE MR.JUSTICE V.PARTHIBAN Writ Petition No.12503 of 2020 M.Jagannathan .....Petitioner -Vs1. The District Collector The Office of District Collector, Thiruvannamalai.
2. The Director, The Director of School Education, DPI Compound, College Road, Chennai 600 006.
3. The Director National Commission for Schedule Castes, Shastri Bhavan, Block No: V, 11 Floor, No:26, Haddows Road,Nungambakkam, Chennal-6.
4. The Deputy Superintendent of Police, The office of Superintendent of Police, Thiruvanamalai.
5. The Chief Educational Officer, The Chief Educational Ofice, Vada Veethi Subramaniar Kovil Street,
6. The District Education officer, The Office of District Education Office,
7. Mr. Soundar Raja, The Superintendent, The Chief Educational Office,
8. Mr. Sivakumar The Deputy Superintendent (A1) The Chief Educational Office,
9. Mr. Duraipandi The Deputy Superintendent (A3) The Chief Educational Ofifice, 10.Mr. K.V.K.Somasundaram,
...Respondents
Prayer : Writ Petition under Article 226 of the Constitution of India praying for the issuance of a Writ of Mandamus to direct the 3rd respondent to Consider the representation dated 06.01.2020 to conduct a detailed inquiry against the atrocities committed by the 5th and 7th to 7th to 9th respondents as per the provision established by law within the time stipulated by this Hon'ble Court and pass such further or other orders as this Hon'ble Court may deem fit in the circumstances of the case. For Petitioner : Mrs.P.Uma For Respondents : Mr. K.K.Ramesh,Government Advocate- for R1 Mr.C.Munusamy, Special Government Pleader for R2, R4 to R6
O R D E R
The petitioner herein has come up with this Writ Petition complaining of his harassment at the hands of R4, and R7 to R9 because of the fact that he belonged to Adi Dravida community.
2. According to the petitioner, he was initially appointed as Night Watchman in a school in Tiruvannamalai and thereafter he was posted to work in the fifth respondent school. According to the petitioner, in the fifth respondent school, the petitioner has been continuously facing harassment by the named respondents and the petitioner has stated plethora of facts in the affidavit pointing out multiple incidents of harassment.
3. Since no action was being taken, the petitioner has come up with this writ petition.
4. This Court is unable to appreciate as to how on the basis of the self serving averments of the petitioner, a direction could be issued to initiate enquiry against the private
respondents for committing any alleged atrocity against the petitioner. From the averments, it looks like the petitioner has been having strained relationship with his colleagues and is only attempting to involve this Court into passing a seemingly innocuous direction prayed for by him.
5. This Court cannot be dragged into the personal issue of the petitioner as against the other respondents and in case, as claimed by him, the petitioner is facing any harassment on the basis of his communal background, it is always open to him to approach the proper forum for redressal of his grivance.
6. However, certainly it is not open to the petitioner to invoke the extraordinary constitutional remedy under Article 226 of the Constitution of India. This Court cannot give such sweeping direction relying upon the averments of the petitioner alone and in fact such a direction can never be given in the guise of issuance of a writ of mandamus.
7. For the above stated reasons, this Court finds that the Writ Petition is not maintainable and hence it is dismissed. Sd/- Assistant Registrar //True Copy// Sub Assistant Registrar To
1. The District Collector The Office of District Collector, Thiruvannamalai.
2. The Director, The Director of School Education, DPI Compound, College Road, Chennai 600 006.
3. The Director National Commission for Schedule Castes, Shastri Bhavan, Block No: V, 11 Floor, No:26, Haddows Road,Nungambakkam, Chennal-6.
4. The Deputy Superintendent of Police, The office of Superintendent of Police, Thiruvanamalai.
5. The Chief Educational Officer, The Chief Educational Ofice, Vada Veethi Subramaniar Kovil Street,
6. The District Education officer, The Office of District Education Office, +1cc to the Government Pleader in SR.NO..29715 W.P.No.12503 of 2020 GP(CO) RV(14/10/2020)