Madras High CourtCRL OP(MD)/18504/2018disposed of

Hindu Primary School v. The Superintendent Of Police

2018-10-12Honourable Mr Justice N. Anand Venkatesh2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 12.10.2018

CORAM

THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH Crl.O.P(MD) No.18504 of 2018 and Crl.M.P.(MD) No.8249 of 2018 Hindu Primary School, represented by its Secretary, S.M.Subbiah, S/o.S.Mayilvel, Melagudalore, Uthamapalayam Taluk, Theni District.

... Petitioner vs.

1. The Superintendent of Police, Theni District, Theni.

2. The Inspector of Police, Gudalur Police Station, Theni District.

3. P.Saraswathi ... Respondents Prayer: This Criminal Original filed under Section 482 of the Code of Criminal Procedure, to direct the respondents 1 and 2 not to interfere with the affairs of the school management and service dispute with regard to the reversion of third respondent from the post of Headmistress.

For Petitioner : Mr.T.Antony Arulraj For R1 & R2 : Mr.M.Chandrasekaran Additional Public Prosecutor

ORDER

This criminal original petition has been filed to direct respondents 1 and 2 not to interfere with the affairs of the school management and service dispute with regard to the reversion of third respondent from the post of Headmistress. 2.The learned counsel for the petitioner would submit that the entire dispute is with regard to the service conditions of the third respondent, who has working as Headmistress in the school. https://hcservices.ecourts.gov.in/hcservices/

3.The learned counsel for the petitioner brought to the notice of this Court the writ petition filed before this Court in W.P. (MD) No.3381 of 2015 in that regard. The learned counsel also brought to the notice of this Court a pending writ petition in W.P.(MD) No.8112 of 2018, wherein, this Court has stayed the operation of the order passed by the Joint Director of School Education. Therefore, it is clear that there is already a pending issue with regard to the service conditions of the third respondent.

4.The learned Additional Public Prosecutor would submit that a complaint has been given by the third respondent and the same is pending before the respondent police.

5.It is made clear that the nature of dispute involved in this case relates to the service conditions of the third respondent and the same can be agitated only in the pending proceedings. The respondent police will have no role to play in the dispute between the parties.

6.Accordingly, this criminal original petition is allowed and the respondent police is directed not to harass the petitioner in the name of enquiry. Consequently, the connected miscellaneous petition is closed.

Sd/- Assistant Registrar (CS-III) /True Copy/ Sub Assistant Registrar (CS-I) To

1. The Superintendent of Police, Theni District, Theni.

2. The Inspector of Police, Gudalur Police Station, Theni District.

3. The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

+ 1 CC TO Mr.T.ANTONY ARUL RAJ, ADVOCATE IN SR No. 19551 MM TE/RP/SAR-1 : 23/10/2018 : 2P/5C Crl.O.P.((MD) No.18504 of 2018 12.10.2018 https://hcservices.ecourts.gov.in/hcservices/