Madras High CourtWP/5018/2015disposed of

Tmt. Gowri, v. The Secretary To Government,

2015-03-02Honourable Mr Justice T. S. Sivagnanam3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 02.03.2015

CORAM

THE HONOURABLE MR.JUSTICE T.S.SIVAGNANAM WP.No.5018 of 2015 Gowri .. Petitioner vs.

The Secretary to Government School Education Department Fort St.George, Chennai 600 009.

The Director School Education Department DPI Campus Chennai 600 008.

The District Educational Officer Chennai District Dr.Ambedkar Hr.Sec.School Campus Egmore, Chennai 600 008.

The Inspector of Police Vadapalani Police Station Chennai 600 026.

The Headmaster Chennai Higher Secondary School Arcot Road, Kodambakkam Chennai 600 024.

.. Respondents Writ petition filed under Article 226 of the Constitution of India praying for a writ of mandamus, directing the respondents to consider the petitioner's representation dated 08.01.2015. For Petitioner :

Mr.S.Jayakumar For Respondents: Mr.R.Vijayakumar Additional Government Pleader

ORDER

Heard Mr.S.Jayakumar, learned counsel for the petitioner and Mr.R.Vijayakumar, learned Additional Government Pleader appearing on behalf of the respondents.

2. The petitioner has filed this writ petition seeking for a direction upon the respondents to consider her representation dated 08.01.2015.

3. The petitioner's son Gopalakrishnan is a student studying in 10th Standard in the fifth respondent school and the petitioner's daughter is studying in 7th standard in the same school. It appears that while playing one other boy, had sustained serious injury and the boy's father has lodged a complaint before the fourth respondent and it is stated that the fourth respondent is compelling the petitioner to pay a sum of Rs.2,00,000/- as compensation to the injured boy's father and also preventing the petitioner's son and daughter from continuing the education.

In this regard, representations have been sent to all the authorities and the same has not been considered till date. Hence, the present writ petition.

4. In the light of the above facts, without going into the merits of the allegations made by the petitioner, the third respondent is directed to enquire into the complaint made by the petitioner and ascertain the full facts. Even assuming that there is a claim for compensation, that has to be worked out in the manner known to law and there cannot be any compulsion to pay the amount through the police. In any event, the children also cannot be prevented from attending the school. It is further directed that the third respondent shall pass appropriate orders on merits and in accordance with law, after hearing all the parties concerned, within a period of two weeks from the date of receipt of a copy of this order.

5. With the above direction, this writ petition is disposed of. No costs.

Sd/- Asst.Registrar (CO) /true copy/ Sub Asst. Registrar vj2

To 1.