T.Madhivanan v. The District Collector

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED 14.10.2024

CORAM

THE HON'BLE MR. JUSTICE M.DHANDAPANI W.P.NO.29557 of 2024 and WMP.No.32208 of 2024

1. T.Madhivanan

2. A.Ramachanthiran

3. Sampath ... Petitioners Vs.

1. The District Collector, Erode District.

2. The Director of School Education, DPI, College Road, Chennai

3. The Chief Educational Officer, Erode District.

4. The District Educational Officer, Private Schools, Erode District.

5. The Block Educational Officer, Gobichettipalayam, Erode District.

6. The Superintendent of Police, Erode District.

7. The Inspector of Police, Gobichettipalayam, Erode District.

8. The Chairman cum Managing Trustee, Bharathi Vidhyalaya Educational Trust, No.47A, Erode Main Road, Karattur, Gobichettipalayam, Erode District.

....... Respondents

Prayer: Writ Petition filed under Article 226 of the Constitution of India to issue a Writ of Mandamus directing the respondents 1 to 5 to take action against the 8th respondent for non-refunding the deposit made by the petitioners, by considering the representation dated 13.06.2024 given by the petitioners. For Petitioners : Mr.K.Sathish Kumar For Respondents : Mrs.E.Ranganayagi, AGP RR2 to 5 Mr.LSM. Hasan Fizal, AGP R1 Mr.L.Baskaran, Govt. Advocate Crl. Side RR6 and 7

ORDER

The writ petitioners seeks a direction to the respondents 1 to 5 to take action against the 8th respondent for non-refunding the deposit made by the petitioners, by considering the representation dated 13.06.2024 given by the petitioners.

2. It is the case of the petitioners that the petitioners children have been admitted in the 8th respondent school in LKG and UKG Standards. The 8th respondent school sought for refundable deposit for a sum of Rs.5,00,000/- and hence, the petitioners have paid the same on two occasions. Subsequently, the students discontinued her studies in the said school and joined some other school. Hence, the petitioners made request to the 8th respondent school to return the money which were already paid by them and they failed to refund the deposit. Hence, the petitioners have lodged a police complaint also and made representation to the first respondent on 13.05.2024 and no action was taken till date. Hence, the present petition.

3. The learned counsel for the petitioners submitted that this Court may issue a directions to the respondents to consider and pass orders on the petitioners representation within the stipulated time as fixed by this Court.

4. The learned Special Government Pleader appearing for the respondents submitted that the 3rd respondent will be considered and an appropriate orders will be passed within the stipulated time as fixed by this Court.

5. Heard the learned counsel for the petitioner as well as the learned Government Counsel appearing for the respondents and perused the materials available on record.

6. Considering the facts and circumstances of the case and in view of the limited request sought for by the petitioner, this Court directs the third respondent to consider the petitioners' representation and pass appropriate orders after providing opportunity to the petitioners as well as the 8th respondent school within a period of four weeks from the date of receipt of a copy of this order.

7. With the above directions, the writ petition stands disposed of. No costs. Consequently, connected miscellaneous petition is closed. 14.10.2024

M. DHANDAPANI .J.

rli To:

1. The District Collector, Erode District.

2. The Director of School Education, DPI, Chennai.

3. The Chief Educational Officer, Erode District.

4. The District Educational Officer, Private Schools, Erode District.

5. The Block Educational Officer, Gobichettipalayam, Erode District.

6. The Superintendent of Polcie, Erode District.

7. The Inspector of Police, Gobichettipalayam, Erode District.

W.P.NO.29557 of 2024 14.10.2024