Madras High CourtWP(MD)/8626/2025disposed of

K.Karuthapandiyan v. The Government Of Tamil Nadu

2025-04-01Honourable Mr.Justice Vivek Kumar Singh7 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 01.04.2025

CORAM:

THE HONOURABLE MR.JUSTICE VIVEK KUMAR SINGH K.Karuthapandiyan : Petitioner Vs.

1. The Government of Tamil Nadu, Represented Through its Secretary, Education Department, Chennai.

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

3. The District Collector, Office of District Collector, Tenkasi District, Tenkasi.

4. The Chief Education Officer, Tenkasi District, Tenkasi.

5. The District Education Officer (Elementary), Tenkasi District, Tenkasi.

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6. The Block Education Officer, Kuruvikulam, Tenkasi District.

7. The President, Naidu - Yadav Kalvi Trust, Naranapuram, Sathirangkondaan Village, Kuruvikulam, Thiruvenkadam Taluk, Tenkasi District.

8. The President, The Naidu Yadav Education Trust and Naranapuram Hindu Middle School Education Committee Society Registration No.3/2023 : Respondents PRAYER: Writ Petitions filed under Article 226 of the Constitution of India for issuance of Writ of Mandamus, directing the respondents No.2 to 6 to stop granting Government Aides to Naidu Yadav Education Trust and Naranapuram Hindu Middle School Education Committee Society for the school namely Hindu Middle School at Majara Naranapuram, Sathirangkondaan Village, Kuruvikulam, Thiruvenkadam Taluk, Tenkasi District by considering the petitioners representation dated 24.02.2025, within the period stipulated by this Honourable Court. For Petitioners : Mr.A.Haja Mohideen For Respondents : Mr.V.Om Prakash Government Advocate for R1 to R6 Mr.K.Jeyamohan for R8 2/7

O R D E R

This Writ Petition has been filed seeking a direction to the respondents 2 to 6 to stop granting Government aid to Naidu Yadav Education Trust and Naranapuram Hindu Middle School Education Committee Society for the school, namely Hindu Middle School at Majara Naranapuram, Sathirangkondaan Village, Kuruvikulam, Thiruvenkadam Taluk, Tenkasi District, by considering the petitioner's representation dated 24.02.2025.

2. Heard the learned counsel for the parties. By consent of both parties, the Writ Petition is taken up for final disposal at the admission stage itself. Having regard to the nature of the order proposed to be passed in this writ petition, notice to the seventh respondent is dispensed with.

3. The petitioner claims to be the elected Treasurer of the seventh respondent Trust, which administers the Hindu Middle School. The petitioner's grievance is that the President and Secretary of the Trust colluded to place the function and administration of the school under the 3/7

control of the eighth respondent, without the consent of the petitioner or the other Trustees. In this regard, the petitioner submitted a representation to the respondents 2 to 6, requesting them to stop granting government aid to the school. However, since no action was taken, the petitioner has now filed the present Writ Petition.

4. It is needless to point out that whenever a representation of this nature is made to a Statutory Authority, there is a duty cast upon him to consider the same on its own merits and pass appropriate orders in one way or other, instead of keeping the same pending indefinitely. As such, non-consideration of the representation by the Statutory Authority would amount to dereliction of duty and hence, this Court will be justified in invoking its extraordinary powers under Article 226 of the Constitution of India and direct them to consider the same within a stipulated time.

5. In the light of the above observations, there shall be a direction to the fifth respondent to consider the petitioner's representation dated 24.02.2025, on its own merits and pass appropriate orders in accordance with law, after giving due opportunity to the petitioner, as 4/7

well as all other persons, who may be interested in the subject matter, within a period of six weeks from the date of receipt of a copy of this order. It is also made clear that this Court has not expressed any of its views with regard to the merits of the matter and that it is open to the fifth respondent to consider the same on its own merits.

6. With the above direction, the Writ Petition stands disposed of. There shall be no order as to costs. 01.04.2025 Index : Yes / No Internet : Yes / No PKN 5/7