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Madras High CourtWP(MD)/12262/2017dismissed

I. Manoharan Jeyakumar, v. The State Of Tamil Nadu

2017-07-03Honourable Mr Justice T.Raja3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 03.07.2017

CORAM:

THE HONOURABLE MR.JUSTICE T.RAJA W.P(MD)No.12262 of 2017 I. Manoharan Jeyakumar ... Petitioner Vs.

1. The State of Tamil Nadu Represented by Secretary to Government, School Education Department, Secretariat, Fort St.George, Chennai - 600 009.

2. The Director of School Eduation, DPI Campus, College Road, Chennai - 600 006.

3. The Joint Director of School Education (Personnel), DPI Campus, College Road, Chennai - 600 006.

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

5. The Inspector of Matriculation Schools, Tirunelveli District, Tirunelveli.

6. Thiru.Chidambara Kumar, Assistant, Office of Inspector of Matriculation Schools, Tirunelveli District, Tirunelveli.

... Respondents PRAYER:Writ Petition is filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing the respondents 1 to 5 to take appropriate legal action and Disciplinary action against the serious irregularities and malpractices committed by the 6th respondent, based on the enquiry conducted by the 4th respondent as per notice issued in Na.Ka.No.10906/A1/2016 dated 03.03.2017 and 13.03.2017 by considering the representation submitted by the petitioner dated 27.10.2016 and 11.1.2017 within a time frame.

For Petitioner : Mr.Shanmuga Sundharam.

For Respondents : Mr.D.Muruganantham, Additional Government Pleader.

O R D E R

By consent of both sides, this writ petition itself is taken up for final disposal.

2.The petitioner claiming to be a President of All India Private Schools Legal Protection Society has given a complaint against the sixth respondent alleging various Malpractices, to the fourth respondent, the Chief Educational Officer, Tirunelveli District, Tirunelveli to take appropriate action against him. In the said complaint, the petitioner has stated about the various demands made by the sixth respondent from people coming from various schools. Considering the said representation, the fourth respondent also issued a notice, dated 11.01.2017 calling upon the petitioner to appear for an enquiry on 23.01.2017. After receipt of the said notice, he was unable to attend the enquiry as scheduled. However, when another notice, dated 03.03.2017 was issued to come for the enquiry, the petitioner took part in the said enquiry on 13.03.2017.

Although, the enquiry was conducted in respect of demand of money from persons coming from various schools for discharging his official duties, no action is taken by the respondents till date. Therefore, he has given a representation to the respondents seeking for further action, finding no response.

3.Firstly, this Court is not inclined to entertain the writ petition for reason that the petitioner is claiming to be the President of All India Private Schools Legal Protection Society, has not made out his case in his representations, dated 27.10.2016 and 11.01.2017 with regard to the demand made by the sixth respondent. No date or month or persons from whom the sixth respondent has made any demand. Therefore, when the petitioner claims to be the President of All India Private Schools Legal Protection Society and wanted to take action against the sixth respondent for irregularities or lapses, he should have given some evidence to support his claim. Today, many people like the petitioner have come out on the street to blackmail the officers and the Government Department, as such this petitioner also appears to be one such person. Therefore, the writ petition is dismissed. No costs.

Sd/- Assistant Registrar(Crl.Side) /True Copy/ Sub Assistant Registrar

To

1. The Secretary to Government, School Education Department, Secretariat, Fort St.George, Chennai - 600 009.

2. The Director of School Education, DPI Campus, College Road, Chennai - 600 006.

3. The Joint Director of School Education (Personnel), DPI Campus, College Road, Chennai - 600 006.

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

5. The Inspector of Matriculation Schools, Tirunelveli District, Tirunelveli.

+1cc to M/S. M.S.JEYAKARTHIK, Advocate, SR.No.63390. +1cc to Special Government Pleader, SR.No.63307. W.P.(MD)No.12262 of 2017 03.07.2017 am SDS/SKN:RSK/SAR 2/14.07.2017/3P/8C