Vellaiyan G v. The Secretary To Government
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 07.07.2025
CORAM:
THE HONOURABLE MRS.JUSTICE S.SRIMATHY and W.M.P.(MD).Nos.11300, 11301 and 11302 of 2025 G.Vellaiyan ... Petitioner Vs 1.The Secretary to the Government, Department of School Education, Chennai.
2.The Joint Director, (Government Kallar School), Department of School Education, Madurai District Collector Office Complex, 3.The District Collector, Madurai District, Madurai.
4.The Chief Educational Officer, Madurai District, Tallakulam, Madurai-2.
5.The District Educational Officer, Tirumangalam Educational District, Tirumangalam, 1/7
6.The Headmaster, Government Kallar Higher Secondary School, Kappalur, Thirumangalam Taluk, 7.Prabhakar, Headmaster, Government Kallar Higher Secondary School, Kappalur, Thirumangalam Taluk, 8.Nallamayan, Physical Education Teacher, Government Kallar Higher Secondary School, Kappalur, Thirumangalam Taluk, 9.The Inspector of Police, Thirumangalam Town Police Station, Madurai District. ... Respondents PRAYER : Writ Petition filed under Article 226 of the Constitution of India praying for issuance of a Writ of Mandamus, to direct the respondents 1 to 5 to consider the petitioner's representation dated 20.01.2025 in order to provide compensation to the petitioner a sum of Rs.25,00,000/- (Rupees Twenty Five Lakhs Only) and consequently, directing the respondents 1 to 5 to take necessary legal action as against the sixth and eighth respondents. For Petitioners : Mr.C.M.Arumugam For Respondents : Mr.P.T.Thiraviyam, (for R1 to R6) Government Advocate Mr.Prabhakar (for R7) Mr.Nallamayan (for R8) Mrs.M.Aasha (for R9) Government Advocate (Crl. Side) 2/7
ORDER
This writ petition is filed for Writ of Mandamus, to direct the respondents 1 to 5 to consider his representation dated 20.01.2025 in order to provide compensation to the petitioner a sum of Rs.25,00,000/- (Rupees Twenty Five Lakhs Only) and consequently direct the respondents 1 to 5 to take necessary legal action as against the sixth and eighth respondents. 2.The petitioner's son is studying in 8th standard at the sixth respondent's school. Unfortunately, the petitioner's son was injured in his left eye. The contention of the petitioner is that the said injury occurred due to the negligence of the sixth respondent/Headmaster as well as the school. Therefore, he has impleaded the educational department as a party.
According to the petitioner, the accident occurred when the seventh respondent insisted on removing the construction material, which was lying in the school. Therefore, the petitioner is seeking compensation for the injury caused by the said act. 3.The learned Government Advocate (Crl. Side) appearing for the ninth respondent submitted that based on the accident, a complaint was registered before the ninth respondent Police and on investigation, it came to light that no such accident occurred due to the removal of the building debris.
petitioner's son with stick. Therefore, the injury occurred to the left eye of the petitioner's son. Subsequently, he was taking treatment in the Aravind Hospital and he has fully recovered and there is no vision defect to the petitioner's son. Therefore, no such compensation can be paid to the petitioner's son. 4.The respondents 7 and 8 had appeared in person before this Court and submitted that the allegations are false.
5.The learned Government Advocate appearing for the respondents 1 to 6 submitted that the report submitted by the respondent Police is absolutely correct and he concurs with the investigation report. Further, this Court earlier directed the respondents 1 to 6 to find out whether the petitioner's son is entitled to get any compensation under the CM Relief Fund. On instructions, he submitted that as per G.O.(Ms).No.268, Revenue and Disaster Management Department, dated 18.08.2017, when the person was injured due to the Snake bite, flood and drowning, they are entitled to get compensation under the CM Relief Fund. 6.After hearing the rival submissions, this Court is of the opinion that if any compensation is granted relating to any school children's fight, it would become precedent for claiming compensation. Further, the petitioner's son was treated in the Aravind hospital. Hence, the petitioner's son is not entitled to get any 4/7
compensation under the CM Relief Fund and this Court is not inclined to grant any compensation.
7.Accordingly, this writ petition stands dismissed. No costs. Consequently, the connected writ miscellaneous petitions are closed. 07.07.2025 NCC : Yes / No Index : Yes / No Internet : Yes Vsg To 1.The Secretary to the Government, Department of School Education, Chennai.
2.The Joint Director, (Government Kallar School), Department of School Education, Madurai District Collector Office Complex, 3.The District Collector, Madurai District, Madurai.
4.The Chief Educational Officer, Madurai District, Tallakulam, Madurai-2.
5.The District Educational Officer, 5/7
Tirumangalam Educational District, Tirumangalam, 6.The Headmaster, Government Kallar Higher Secondary School, Kappalur, Thirumangalam Taluk, 7.Prabhakar, Headmaster, Government Kallar Higher Secondary School, Kappalur, Thirumangalam Taluk, 8.Nallamayan, Physical Education Teacher, Government Kallar Higher Secondary School, Kappalur, Thirumangalam Taluk, 9.The Inspector of Police, Thirumangalam Town Police Station, 6/7
S.SRIMATHY , J.
Vsg ORDER MADE IN DATED : 07.07.2025 7/7