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Madras High CourtWP/25179/2023disposed of

M.Vinod Kumar v. The Secretary To Government

2023-08-25Honourable Mr Justice N. Seshasayee4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 25.08.2023 CORAM: JUSTICE N.SESHASAYEE WP.No.25179 of 2023 M.Vinod Kumar

...Petitioner

-Vs1.The Secretary to Government, School Education Department, Fort St George, Chennai - 9.

2.The Election Officer, Chairperson, C.S.I Goudie Memorial Church, Tiruvallur Pastroate, Tiruvallur.

3.Jacob Jebasing 4.I.Richard Paul

...Respondents

Prayer: Writ Petition is filed under Article 226 of Constitution of India, to issue a Writ of Mandamus, directing the 1st and 2nd respondents, to take appropriate action on the petitioner representation dated 18.08.2023 within the time stipulated.

For Petitioner : Mr.K.Gangadaran For R1 : Mr.A.Anandan, Government Advocate 1/4

ORDER

The petitioner herein seeks a direction to the first respondent against the ongoing election process for a parish election for the second respondent. His allegation is that the respondents 3 and 4 are the staffs of an aided minority School and that in violation of Regulation 36 (2) XVI (a) and (b) and XXXIX of the Tamil Nadu Private School (Regulation) Rules 2023, they are contesting in the election.

2.Mr.A.Anandan, learned Government Advocate appeared on behalf of the first respondent.

3.This Court cannot come to the rescue of the petitioner, since the direction is sought for initiating an action against the second respondent. The second respondent is a Church and its activities are not amenable to the jurisdiction under the above said rules.

4.The petitioner is therefore advised to approach the concerned authorities of the Education Department with his representation and as and when this is done, the concerned Authority shall hold an enquiry 2/4

and dispose of the representation, after hearing all the parties who are likely to be affected by any action that might be taken on such representation.

5.The Writ Petition is disposed of accordingly. No costs. Consequently, the connected miscellaneous petition is closed. 25.08.2023 Index : Yes/No Internet : Yes/No Tsg To 1.The Secretary to Government, School Education Department, Fort St George, Chennai - 9.

2.The Election Officer, Chairperson, C.S.I Goudie Memorial Church, Tiruvallur Pastroate, Tiruvallur.

N.SESHASAYEE, J., 3/4

Tsg Order made in 25.08.2023 4/4