Nanthakumar. N v. The Home Secretary

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 05.05.2023

CORAM:

THE HONOURABLE MR.JUSTICE M.DHANDAPANI and W.M.P(MD) No.9666 of 2023 N.Nandakumar

...Petitioner

Vs.

1.The Home Secretary, Secretariat, Fort St.George, 2.The Principal Secretary, School Education Department, State of Tamil Nadu, Fort St.George, 3.The Chief Educational Officer, O/o.the Chief Educational Officer, Collectorate, Sethupathi Nagar, Ramanathapuram-623 503.

4.The District Educational Officer, O/o.The District Educational Officer, Paramakudi.

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5.The Superintendent of Police, O/o.The Superintendent of Police, Ramanathapuram, Ramanathapuram District.

6.The Inspector of Police, Town Police Station, Paramakudi, Ramanathapuram District.

7.The Secretary, Ayira Vaisya Higher Secondary School, 5/338 Sougathali street, Madurai Mandapuram Road, Paramakudi-623 707, Ramanathapuram District.

8.S.K.P.Lenin Kumar ... Respondents PRAYER: Writ Petition is filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus to direct the respondents 1 to 6 to take necessary action against the respondents 7 and 8 and consider and pass orders on the representation of the petitioner dated 20.03.2023. For Petitioner : Mr.Devaraj Mahesh For R1 to R6 : Mr.D.Gandhiraj Special Government Pleader For R7 : Mr.Senthil For R8 : Mr.R.Anand 2/6

ORDER

This Writ Petition has been filed to direct the respondents 1 to 6 to take necessary action against the respondents 7 and 8 by considering the representation of the petitioner dated 20.03.2023. 2.The petitioner is doing a business in the name and style of 'Narmada Electricals' and he is the member of General body of the Paramakudi Ayira Vaisya Sabai, which is 200 years old. The said Sabai has properties worth about Rs.2,000/- crores, that are schools, colleges, marriage halls and shops. The income in the said properties were utilised for the developments of the society in Ayira Vaisya Sabha. 3.The grievance of the petitioner is that in the school under the management of seventh and eighth respondents, the management is collecting illegal educational fees from the students, which is not authorised by the Educational Authorities or by the Fees Committee. Thereby, the petitioner sent a representation dated 20.03.2023. But, no action has been taken on the same.

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4.The learned counsel appearing for the eighth respondent submitted that except the fees prescribed by the Educational Institution and the School Committee, they are not collecting any amount from the students.

5.The learned Special Government Pleader appearing for the official respondents, on instructions, also reports that no excess fee is collected from the students.

6.Recording the above submission, this Writ Petition is closed. However, later if the eighth respondent decides to collect fees from students illegally, the Educational Officers are directed to take appropriate action. No costs. Consequently, connected miscellaneous petition is closed.

05.05.2023 NCC : Yes/No Index : Yes/No ta To 1.The Home Secretary, Secretariat, Fort St.George, 4/6

2.The Principal Secretary, School Education Department, Fort St.George, 3.The Chief Educational Officer, O/o.the Chief Educational Officer, Collectorate, Sethupathi Nagar, Ramanathapuram-623 503.

4.The District Educational Officer, O/o.The District Educational Officer, Paramakudi.

5.The Superintendent of Police, O/o.The Superintendent of Police, Ramanathapuram, Ramanathapuram District.

6.The Inspector of Police, Town Police Station, Paramakudi, Ramanathapuram District.

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M.DHANDAPANI,J.

ta W.P.(MD)Nos.11034 of 2023 05.05.2023 6/6