Madras High CourtWP/31051/2018disposed of in memo of compromise

K.Sundaram v. The Head Mistress

2019-04-02Honourable Mrs Justice Pushpa Sathyanarayana2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED 02.04.2019

CORAM

THE HONOURABLE Mrs. JUSTICE PUSHPA SATHYANARAYANA W.P.No.31051 of 2018 and W.M.P.No.36234 of 2018 K.Sundaram .. Petitioner Vs.

1.The Head Mistress, Spartan Matriculation Higher Secondary School, No.1, Spartan Avenue, Mogappair East, Chennai - 600 037.

2.The Director, The Directorate of Matriculation Schools, DPI Campus, College Road, Chennai - 600 006.

.. Respondents PRAYER : Writ Petitions filed Under Article 226 of the Constitution of India praying to issue a Writ of Mandamus directing the second respondent to initiate appropriate action against the first respondent based on the petitioner's complaint dated 23.07.2018.

For Petitioner : Mr.V.Manohar For R1 : Ms.V.Anusha For R2 : Mrs.P.Kavitha Government Advocate

O R D E R

The prayer sought for in this writ petition is to direct the second respondent to initiate appropriate action against the first respondent based on the complaint made by the petitioner, which relates to refund of the fees paid by him towards admission as well as tuition fees.

2. As the dispute only related to the simple money transaction, it was referred to Mrs.P.Kavitha, learned https://hcservices.ecourts.gov.in/hcservices/

Government Advocate appearing for the second respondent, to mediate between the petitioner and the first respondent-School. Accordingly, the parties seem to have appeared before the learned Government Advocate and resolved their disputes and entered into a Joint Memorandum of Compromise, which was signed by both the parties and the counsels. As per the said Joint Memorandum of Compromise, the petitioner agreed and received a Cheque bearing No.004743 dated 27.03.2019 drawn on Karur Vysya Bank, Mugappair Branch, Chennai for a sum of Rs.95,000/- (Rupees Ninety Five thousand only) in full quit of his claims and that he has got no other claim from the first respondent-School in this regard.

3. The said Joint Memorandum of Compromise dated 28.03.2019 is recorded and the writ petition is disposed of in terms of Joint Memorandum of Compromise. The Joint Memorandum of Compromise shall form part of the order. No costs. Consequently, connected miscellaneous petition is closed.

4. This Court places on record the appreciation for Mrs.P.Kavitha, learned Government Advocate for amicably settling the issue.

*Xerox Copy of the Joint Memo of Compromise enclosed Sd/- Assistant Registrar(CS-III) //True copy// Sub Assistant Registrar rsi To The Director, The Directorate of Matriculation Schools, DPI Campus, College Road, Chennai - 600 006.

+1cc to Mr.V.Manohar, Advocate SR.No.31932 +1cc to Mr.AV.Radhakrishnan, Advocate SR.No.31391 +1cc to Government Pleader SR.No.32731 W.P.No.31051 of 2018 and W.M.P.No.36234 of 2018 AK(CO) GMY(07/06/2019) https://hcservices.ecourts.gov.in/hcservices/