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Madras High CourtWP/3320/2014disposed of

Mr.P.Paramashivam v. The Secretary To

2021-03-31Honourable Mr Justice Abdul Quddhose3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 31.03.2021

CORAM

THE HONOURABLE Mr.JUSTICE ABDUL QUDDHOSE W.P.No.3320 of 2014 P.Paramashivam ... Petitioner Vs

1. The Secretary to Government, School Education Department, Government of Tamil Nadu, Fort St.George, Chennai 600 009.

2. The Director of Matriculation School, Directorate of Matriculation School, DPI Campus, Chennai 600 006.

3. The Principal Gandhi International Matriculation School, No.395, Main Road, Mangalam Village and Post, Thiruvannamalai 600 752 ... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India seeking for an issuance of a writ of mandamus to direct the respondents 1 and 2 to conduct inquiry and based on that take necessary action against the 3rd respondent within a time frame limit for the death of the petitioner's daughter Pachaiyammal died on 13.06.2013 on account of gross negligence on the part of the third respondent and further directing the 3rd respondent to pay compensation of Rs.20,00,000/- for the death of the petitioner's daughter namely Pachaiyammal aged about 4 years based on the representation of the petitioner dated 31.12.2013.

For Petitioner : Mr.S.Senthamil Selvan For Respondents 1&2 : Mr.C.Munusamy Special Government Pleader(Edn) For Respondent-3 : Ms.R.T.Sundari

ORDER

The petitioner and the third respondent have reached a settlement and in terms of the settlement, today (31.03.2021) they have filed a joint memo before this Court signed by their respective learned counsels, which reads as follows: "The both parties came to compromised and agreed that the 3rd respondent to give a full and final settlement amount a sum of Rs.5,50,000/- (Rupees five lakhs fifty thousand only) with two instalments to the petitioner without prejudice to the rights and contentions of writ petition and the petitioner also agreed the same. The same has been recorded by this Hon'ble Court on 03.03.2021.

As per the order of this Hon'ble Court the 3rd respondent today (30.03.2021) settled 50% of settlement amount a sum of Rs.2,75,000/- (Two lakhs seventy five thousand only) by way of cash a sum of Rs.1,00,000//- (One lakh only) by way of cheque Rs.1,75,000/- (One lakh seventy five thousand only) bearing cheque No.000606 ICICI Bank, Thiruvannamalai branch to the petitioner and the petitioner received the same and this memo should be consider acknowledgement of receipt of amount and the 3rd respondent agreed to settle balance 50% of settlement amount within two months (25.06.2021) from the date signing of this settlement memo. Therefore, the petitioner and 3rd respondent requesting this Hon'ble Court may be please to record this settlement memo and posted the Writ Petition after two months for final disposal."

2.

The said Joint Memo is recorded.

3.

In terms of the joint memo dated 31.03.2021, this Writ Petition is disposed of. No costs. The joint memo shall form part of this order.

Sd/- Assistant Registrar //True Copy// Sub Assistant Registrar srn

To

1. The Secretary to Government, School Education Department, Government of Tamil Nadu, Fort St.George, Chennai 600 009.

2. The Director of Matriculation School, Directorate of Matriculation School, DPI Campus, Chennai 600 006.

3. The Principal Gandhi International Matriculation School, No.395, Main Road, Mangalam Village and Post, Thiruvannamalai 600 752 W.P.No.3320 of 2014 PMK(CO) KM(27/04/2021)