The Correspondent v. Siva Vijayakumar

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 23.11.2023

CORAM:

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN and W.M.P.(MD)Nos.16719 & 16720 of 2023 The Correspondent, Ayiravaisiyar Boys Higher Secondary School, (Velliyambalam School) South Chithirai Street, Madurai Town, ... Petitioner Vs.

1.R.Siva Vijaykumar 2.The Secretary to Government, School Education Department, Secretariat, Chennai.

3.The Director, School Education Department, College Road, Chennai.

4.The Chief Educational Officer, Tallakulam, (Opp. Telephone Exchange) Chinnachokkikulam, Madurai-625 002.

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5.The District Educational Officer, Alagarkovil Road, Tallakulam, Near Post Office, ... Respondents PRAYER: Petition filed under Order 47 Rule 1 & 2 r/w Section 114 of C.P.C., praying to review the order passed by this Court dated 26.08.2022 in W.P.(MD)No.19214 of 2019 and allow the review application. For Petitioner : Mr.M.Ponniah For R1 : Mr.G.D.Manikandan for R1 : Mr.S.Ra.Ramachandran Additional Government Pleader for R2 to R5

ORDER

Heard both sides.

2. The first respondent herein filed W.P.(MD)No.19214 of 2019 seeking compensation for the fracture injury suffered by his son. The writ petition was allowed on 26.08.2022 and the school was directed to pay a sum of Rs.1,00,000/- towards compensation. The review application has been filed by the school management. 2/5

3. The stand of the review applicant is that they were not represented when the main writ petition was taken up for 'final disposal'. They point out that the school management was under direct management system on 19.12.2018 and the position continues even today. The management categorically states that they did not have knowledge of institution of the writ petition. Only when the direction was issued for payment of compensation, they became aware.

4. I am satisfied that failure on the part of the school management to enter appearance was on account of the reasons mentioned above. Fairness requires that the management is heard fully before an adverse order is passed. I wanted the management to show their bonafide to make some decent offer without entering into the merits of the matter.

5. The learned counsel for the review applicant submits that even though they are of the view that management cannot be blamed, since a student studying in the school had suffered injury, they would raise funds from the community and pay a sum of Rs.50,000/- as compensation. They also came forward to ensure proper treatment. The writ petitioner is not agreeable.

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6. In these circumstances, I have no other option but to set aside the order dated 26.08.2022. The Review Application is allowed. Consequently, connected miscellaneous petitions are closed. 23.11.2023 Index : Yes/No Internet : Yes/No rmi To 1.The Secretary to Government, School Education Department, Secretariat, Chennai.

2.The Director, School Education Department, College Road, Chennai.

3.The Chief Educational Officer, Tallakulam, (Opp. Telephone Exchange) Chinnachokkikulam, Madurai-625 002.

4.The District Educational Officer, Alagarkovil Road, Tallakulam, Near Post Office, 4/5

G.R.SWAMINATHAN, J.

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