Madras High CourtWP(MD)/2688/2010dismissed as infructuous

S.A. Mohammed Mohideen (Died) v. The Director Of Elementary

2021-01-18Honourable Mr Justice M.Dhandapani4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 18.01.2021

CORAM

THE HONOURABLE MR.JUSTICE M.DHANDAPANI W.P.(MD)Nos.2688 and 4218 of 2010 and M.P.(MD)Nos.1, 1 and 2 of 2010 and 1 of 2011 S.A.Mohammed Mohideen (Died) 1.Ummu Salma 2.Rahamathunnisa 3.Haji Halima 4.Abdul Kareem 5.Mohammed Yusuf : Petitioners Vs.

1. The Director of Elementary Education, Office of the Directorate of Elementary Education,

2. The Chief Educational Officer,

3. The District Elementary Educational Officer,

4. The District Educational Officer, Tenkasi, Tirunelveli District.

5. S.A.Abdul Wahab

6. S.M.A.Sherfudeen : Respondents (Petitioners 1 to 5 were brought on record as legal representatives of the deceased sole petitioner vide order of this Court, dated 24.01.2012 in M.P.(MD)No.1 of 2012) PRAYER:- Petition filed under Article 226 of the Constitution of India seeking a Writ of Certiorarified Mandamus, to call for the records relating to the impugned proceedings bearing No.Na.Ka.No.4123/Aa4/09, dated 26.02.2010 issued by the third respondent, namely, District Elementary Educational Officer, 1/4

Tirunelveli and quash the same and to direct the third respondent to recognize and permit the petitioner to function as the manager of the Darussalam Elementary School, Kadayanallur.

For Petitioners : Mr.T.R.Rajagopalan Senior Counsel for Mr.P.Thiagarajan For R1 to R4 : Mr.C.M.Marichelliah Prabhu Additional Government Pleader For R6 : Mr.Saravana Kumar for Mrs.P.Kalaiyarasi Bharathi W.P.(MD)No.4218 of 2010:- S.A.Mohammed Mohideen (Died) 1.Ummu Salma 2.Rahamathunnisa 3.Haji Halima 4.Abdul Kareem 5.Mohammed Yusuf : Petitioners Vs.

1. The Director of School Education, Office of the Directorate of School Education,

2. The Chief Educational Officer,

3. The District Educational Officer, Tirunelveli, Tirunelveli District.

4. S.A.Abdul Wahab : Respondents (Petitioners 1 to 5 were brought on record as legal representatives of the deceased sole petitioner vide order of this Court, dated 24.01.2012 in M.P.(MD)No.1 of 2012) PRAYER:- Petition filed under Article 226 of the Constitution of India seeking a Writ of Certiorarified Mandamus, to call for the records relating to the impugned proceedings bearing No.Na.Ka.No.37/M3/2010, dated 11.0302010 issued by the third respondent, namely, District Educational Officer, Tenkasi, Tirunelveli and quash the same and to direct the third respondent to recognize and permit the petitioner to function as the manager of the Darussalam Elementary School, Kadayanallur.

2/4

For Petitioners : Mr.T.R.Rajagopalan Senior Counsel for Mr.P.Thiagarajan For R1 to R3 : Mr.C.M.Marichelliah Prabhu Additional Government Pleader For R4 : Mr.Saravana Kumar for Mrs.P.Kalaiyarasi Bharathi ****

ORDER

The learned Senior Counsel appearing for the petitioner would submit that there was a dispute between late S.A.Mohammed Mohideen, who is the original petitioner and his power agent, namely, S.A.Abdul Wahab, and the issue has already been settled before the Civil Court, which was also affirmed by the appellate Court in C.M.A.No.4243 of 2009 on the file of the District Court, Tirunelveli, dated 30.12.2009 and subsequently, the legal heirs of the original petitioner were impleaded vide order of this Court and thereafter, after adjudication, the original petitioner's rights were recognised by the educational authorities. Hence, nothing survives for further adjudication in these Writ Petitions.

2.Accordingly, these Writ Petitions are dismissed as infructuous. No costs. Consequently, connected miscellaneous petitions are closed.

Sd/- Assistant Registrar // True Copy // / /2021 Sub Assistant Registrar(CS- ) To

1. The Director of School Education, Office of the Directorate of School Education,

2. The Director of Elementary Education, Office of the Directorate of Elementary Education,

3. The Chief Educational Officer, 3/4

4. The District Educational Officer, Tirunelveli, Tirunelveli District.

5. The District Elementary Educational Officer, + 1 CC TO SPECIAL GOVERNMENT PLEADER IN SR Nos. 1090 & 1091 + 2 CC to Mr.P.THIYAGARAJAN, Advocate (SR-1480 & 1481[F] dated 20/01/2021 ) CMR TE : 01/02/2021 : 4P/9C W.P.(MD)Nos.2688 and 4218 of 2010 and M.P.(MD)Nos.1, 1 and 2 of 2010 and 1 of 2011 21.01.2021 4/4