Minor. Murugeswaran v. The District Collector

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 08.12.2017

CORAM:

THE HONOURABLE MR.JUSTICE R.MAHADEVAN W.P(MD) No.22554 of 2017 Minor. Murugeswaran S/o.Late. Madasamy Rep. by his next relative & Maternal Grandfather K.Muruganantham, S/o.Kandasamy, Thiyagarajapuram, Radhapuram-Taluk, Tirunelveli-627 111.

... Petitioner -vs1. The District Collector, Tirunelveli District, Tirunelveli.

2. The Chief Educational Officer, Tirunelveli District, Kokkirakulam, Collectorate Campus, Near Devi Hospital, Tirunelveli.

3. The Inspector of Matriculation Schools, Tirunelveli Division, Perumalpuram, Palayamkottai - 627 007, Tirunelveli District.

4. The Correspondent / Principal, St. Andrews Matriculations Higher Secondary School, Radhapuram, Tirunelveli District.

... Respondents PRAYER:

Writ Petition is filed under Article 226 of the Constitution of India for the issue of a Writ of Mandamus, directing the respondents 1 to 3 to consider the representation dated 13.11.2017 for recovering the Mark Statement and other Certificates from the 4th Respondent, pertaining to his grandson Murugeswaran, S/o.Late.Madasamy and to hand over them to the petitioner and take necessary action upon the 4th Respondent and further direct the 4th Respondent to pay exemplary compensation for the injustice caused to his grandson.

For Petitioner : Mr.R.Manickam For Respondents : Mr.M.Alagathevan R1 to R3 Spl. Govt. Pleader *****

O R D E R

This writ petition has been filed, seeking a direction to the respondents 1 to 3 to consider the representation dated 13.11.2017 for recovering the Mark Statement and Other Certificates from the 4th Respondent, pertaining to his grandson Murugeswaran, S/o.Late.Madasamy and to hand over them to the petitioner and take necessary action upon the 4th Respondent and further direct the 4th Respondent to pay exemplary compensation for the injustice caused to his grandson.

2. Mr.M.Alagathevan, learned Special Government Pleader takes notice for the respondents 1 to 3. Notice to R4 is dispensed with, as no adverse order is going to be passed in this petition against R4. By consent, the writ petition is taken up for final disposal at the stage of admission itself.

3. The case of the petitioner is that he had submitted a representation dated 13.11.2017 to the respondents 1 to 3 for both taking action against R4 and also for recovery of Mark Statement and Other Certificates from R4, pertaining to Minor Murugeswaran, who is represented by his grandfather in this case. Since no action has been taken on the said representation, the petitioner is before this Court with the above prayer.

4. The learned Special Government Pleader appearing for the respondents 1 to 3 would submit that if a reasonable time is granted to the respondents, the representation of the petitioner will be considered and appropriate orders be passed.

5. Considering the facts and circumstances of the case and also taking into account the limited scope of the relief sought for by the petitioner, this Court, without expressing any opinion on the merits of the matter, directs the respondents, especially R1 to consider the representation of the petitioner dated 13.11.2017 and pass suitable orders thereon on merits and in accordance with law, within a period of six weeks from the date of receipt of a copy of this order, after affording an opportunity of hearing to the petitioner (represented by his grandfather), R4 and other interested parties, if any.

6. With the above direction, this petition is disposed of. No costs.

Sd/- Assistant Registrar(T&P) /True Copy/ Sub Assistant Registrar To:

1. The District Collector, Tirunelveli District, Tirunelveli.

2. The Chief Educational Officer, Tirunelveli District, Kokkirakulam, Collectorate Campus, Near Devi Hospital, Tirunelveli.

3. The Inspector of Matriculation Schools, Tirunelveli Division, Perumalpuram, Palayamkottai - 627 007, Tirunelveli District.

+1cc to Mr.R.Manickam, Advocate Sr.No.92193 +1cc to Spl.Government Pleader Sr.No.91977 AR VB/MR/KKR/SAR3/22/12/2017/3P/6C W.P(MD)No.22554 of 2017 08.12.2017