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Madras High CourtWP(MD)/13965/2024disposed of

Maria Ligory Fernando v. The District Educational Officer (Elementary)

2024-06-28Honourable Ms Justice R.N.Manjula6 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 28.06.2024

CORAM

THE HONOURABLE MS JUSTICE R.N.MANJULA and W.M.P.(MD)Nos.12244, 12245, 12249, 12250, 12260 & 12261 of 2024 Maria Ligory Fernando .. Petitioner in W.P.(MD)No.13965 of 2024 S.Pushpkani .. Petitioner in W.P.(MD)No.13966 of 2024 S.Paul Cross .. Petitioner in W.P.(MD)No.13967 of 2024 Vs.

1. The District Educational Officer (Elementary), O/o. District Educational Officer, Kanyakumari District.

2. The Block Education Officer, O/o. the Block Education Office, Rajakamangalam Block, Kanyakumari District.

... Respondents 1/6

COMMON PRAYER: Writ Petitions filed under Article 226 of the Constitution of India for issuance of Writ of Certiorarified Mandamus, to call for the records pertaining to the impugned order in Na.Ka. No. 371/A/2024 dated 08.04.2024 on the file of the respondent No.2 in so far as these petitioners are concerned and quash the same as illegal and consequentially for a direction, directing the respondent Nos. 1 and 2 to disburse the same allowances without any reduction. In all Writ Petitions For Petitioners : Mr.T.Aswin Raja Simman For Respondents : Mr.M.Siddharthan Additional Government Pleader COMMON ORDER By consent of both the parties, these Writ Petitions are taken up for final disposal at the admission stage itself.

2. Heard Mr.T.Aswin Raja Simman, learned counsel appearing for the petitioners and Mr.M.Siddharthan, learned Additional Government Pleader appearing for the respondents. 2/6

3. The petitioners have filed these writ petitions challenging the order of the second respondent, dated 08.04.2024 by attaching a list of persons including the petitioners' name and by stating that if those persons are found to have obtained any excess payment that should be recovered and remitted to the Government accounts.

4. The above order does not have any details, but the subject of the letter would state about the audit report pertaining to the year 2018-2019 and 2022-2023. The above proceeding is addressed to all the District Educational Officers' of Kanyakumari District. Since the petitioners' name found place in the list, the petitioner is prompted to file these writ petitions.

5. Since the order is bereft of any particulars and it appears to be a kind of a circular issued to the District Educational Officer of the District, it is for the District Educational Officer to put the petitioners' and others on notice before proceeding to initiate any action for recovery as per the above circular.

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6. If the petitioners are aggrieved, in pursuant to any orders passed subsequent to the representation so made, then it is open to the petitioners to challenge the same for getting appropriate remedy.

7. With these observations, these writ petitions are disposed of. No costs. Consequently, connected miscellaneous petitions are closed.

28.06.2024 NCC :yes/no Index :yes/no Internet:yes/no RM 4/6

To

1. The District Educational Officer (Elementary), O/o. District Educational Officer, Kanyakumari District.

2. The Block Education Officer, O/o. the Block Education Office, Rajakamangalam Block, Kanyakumari District.

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R.N.MANJULA, J.

RM 28.06.2024 6/6