Mrs.S.Manonmani W/O. Of Saravanan v. The District Educational Officer

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 17.12.2019

CORAM

THE HONOURABLE MR. JUSTICE N. ANAND VENKATESH W.P No.34830 of 2019 Mrs.S.Manonmani Petitioner vs.

1. The District Educational Officer, Chidambaram, Cuddalore District.

2. The Chief Educational Officer, Manjakuppam, Cuddalore District.

3. The Director of Elementary School Education, Government of Tamil Nadu, DPI Complex, College Road, Chennai - 600 006.

4. The Head Master, Ramasamy Chettiar Town Elementary (Hr. Sec.) School, Kasukadi Street, Chidambaram - 608 001.

5. S.Dhanalakshmi, Fulltime Secondary Grade Teacher, Ramasamy Chettiar Town Elementary (Hr. Sec.) School, Kasukadi Street, Chidambaram - 608 001.

Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Mandamus, directing the respondents 1 to 4 to consider representation dated 22.04.2019 for conduct proper & fair enquiry with the petitioner and take necessary action against the 5th respondent and grant such other reliefs as this case may deem fit and proper. For Petitioner : Mr.A.D.Janarthanan For Respondents: Mrs.V.Annalakshmi Government Advocate for R1 to R3

O R D E R

This writ petition has been filed for issuance of writ of mandamus directing the respondents 1 to 4 to consider the representation made by the petitioner and to conduct an enquiry against the 5th respondent in accordance with law. 2.It is seen from record that there is a dispute between the husband of the petitioner and the 5th respondent and her sister's husband in a business deal. The grievance of the petitioner is that the 5th respondent is interfering with the dispute and she has involved herself in conducting a money lending business while she was working as Government servant and therefore, the same amounts to misconduct as per the Government Conduct Rules.

3.The petitioner had given a representation to the respondents to enquire into the same and take action against the 5th respondent. Since the same was not done, the present writ petition has been filed before this Court.

4.Heard Mr.A.D.Janarthanan, learned counsel appearing on behalf of the petitioner and Mrs.V.Annalakshmi, learned Government Advocate appearing on behalf of the respondents 1 to 3.

5.It is clear from the records that the petitioner is attempting to resolve a purely private dispute through the official respondents and this Court is being used as an instrument for the said purpose. This Court cannot exercise its jurisdiction under Article 226 of the Constitution of India to resolve private dispute between the parties. It is for the petitioner to workout her remedy before the competent civil Court and this Court should not be used for such purpose. This Court is not inclined to entertain this writ petition and accordingly the same is dismissed. No Costs.

-s/d- Assistant Registrar(CS-I) True Copy Sub-Assistant Registrar ssr

To

1. The District Educational Officer, Chidambaram, Cuddalore District.

2. The Chief Educational Officer, Manjakuppam, Cuddalore District.

3. The Director of Elementary School Education, Government of Tamil Nadu, DPI Complex, College Road, Chennai - 600 006.

4. The Head Master, Ramasamy Chettiar Town Elementary (Hr. Sec.) School, Kasukadi Street, Chidambaram - 608 001.

5. The Public Prosecutor, High Court, Madras.

+1 CC to Mr.A.D.Janarthanan, Advocate sr 104760. +1 CC to Govt. Pleader sr 05827.

W.P No.34830 of 2019 BS(CO) SP(24/01/2020)