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Madras High CourtWP/21982/2025dismissed

Malathy v. The Registrar

2025-07-29Honourable Mrs Justice J. Nisha Banu,Honourable Mr.Justice M.Jothiraman6 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 29.07.2025 C O R A M THE HONOURABLE MRS.JUSTICE J.NISHA BANU AND THE HONOURABLE MR.JUSTICE M.JOTHIRAMAN and W.M.P.Nos.24730 & 24731 of 2025 Tmt.Malathy ... Petitioner -vs1. The Registrar, Tamil Nadu State Human Rights Commission, Greenways Salai, Chennai-600 028.

2. Mr.R.Srinivasan ... Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Certiorari, calling for the records, relating to the impugned complaint pending on the file of the 1st respondent in Case No.2/22/13/2025 dated 31.12.2024 and quash the same. For Petitioner : Mr.D.Ashok Kumar For R1 : Mr.V.Chandraprabu For R2 : Mr.G.Parthasarathy *****

O R D E R

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(By J.Nisha Banu,J.) This Writ Petition has been filed, challenging the impugned complaint pending on the file of the 1st respondent in Case No.2/22/13/2025 dated 31.12.2024.

2. It is the case of the petitioner that she belongs to Scheduled Caste community and joined as Post Graduate Teacher in English. She has rendered 27 years of unblemished service. She has contributed much for the development of children and school and also brought 100% results in +2 public examinations continuously. According to the petitioner, the 2nd respondent, who has been running a textile business, separated students on the basis of caste, pursuant to which, the petitioner, being a Headmistress of the school issued a show cause notice to the 2nd respondent asking for explanation. However, the 2nd respondent refused to acknowledge the same and the Chief Educational Officer also conducted enquiry, in which, it was undertaken by the 2nd respondent that he would co-operate for smooth running of the school. Subsequently, he lodged a complaint before the 1st respondent on 31.12.2024 against her with a malicious intention. To her 2/6

utter shock, she was transferred by the Joint Director of School Education on 07.02.2025 from the PCKG Government Higher Secondary School, Kodambakkam to Government Boys Higher Secondary School, Porur. It is averred in the Writ Petition that a case in Crime No.2 of 2025 for offences under Sections 3(1)(e), 3(1)(r) and 3(1)(s) of the SC/ST (Prevention of Atrocities) Amendment Act, 2015 and 296(b) of BNS was registered against one Mrs.Meenatchi and the 2nd respondent herein on 04.01.2025 on the complaint given by the father of an allegedly affected student.

3. Heard the learned counsel on either side and perused the material documents available on record.

4. It is seen that the petitioner has been serving as a Headmistress in Government Boys Higher Secondary School, Porur, against whom a complaint has been lodged by the 2nd respondent, who worked as a Physical Education Teacher under the petitioner herein in the previous school, namely, PCKG Government Higher Secondary School, Kodambakkam. According to the petitioner, consequent to the complaint 3/6

received against the 2nd respondent, while the petitioner was working in PCKG Government Higher Secondary School, Kodambakkam, she conducted enquiry on the complaint and infuriated by the same, the 2nd respondent filed a complaint with the 1st respondent, levelling certain allegations against the petitioner herein. The question as to whether the complaint lodged against the petitioner is false and not supported by any material evidence is all a matter for dispute. This Court, in exercise of power under Article 226 of the Constitution of Indian cannot go into the veracity of the complaint and also disputed question of facts. Since the 2nd respondent has given a complaint against the petitioner, she has to agitate all her defence before the 1st respondent. We are not inclined to quash the complaint at the threshold at the enquiry level and it is for the State Human Rights Commission to look into the issue and proceed further on the basis of the materials available on record. Hence, finding no merit in this petition, the Writ Petition filed by the petitioner is liable to be dismissed.

5. Accordingly, this Writ Petition is dismissed as devoid of merits. No costs. Consequently, connected Miscellaneous Petitions are 4/6

closed.

(J.N.B.J.,) (M.J.R,J.,) 29.07.2025 Index: Yes / No Internet: Yes / No ar To:

The Registrar, Tamil Nadu State Human Rights Commission, Greenways Salai, Chennai-600 028.

J.NISHA BANU, J.

AND 5/6

M.JOTHIRAMAN , J.

ar 29.07.2025 6/6