M.Francisco Antony, v. The Ceo,

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 24.05.2017

CORAM:

THE HONOURABLE Mr.JUSTICE M.V.MURALIDARAN W.P.(MD)No.9565 of 2017 and W.M.P.(MD)No.7298 of 2017 M.Franciso Antony ... Petitioner Vs.

1. The Chief Education Officer, Nagarcoil, Kanyakumari District.

2. The District Educational Officer, Thuckalai Educational District, Thuckalai, Kanyakumari District.

3. St.Mary's Higher Secondary School, Represented by the Correspondent, Colachel, Kanyakumari District.

4. The Head Master, St.Mary's Higher Secondary School, Colachel, Kanyakumari District. ... Respondents PRAYER: Petition is filed under Article 226 of the Constitution of India, to issue a writ of Mandamus, directing the respondents 1 and 2 to take appropriate action on the 3rd and 4th respondents for illegality committed to the petitioner and to grant all benefits on par with others by considering the petitioner's representation dated 24.04.2017.

For Petitioner : Mr.S.C.Herold Singh For Respondents 1 and 2 : Mr.T.R.Janarthanan Additional Government Pleader

O R D E R

This writ petition has been filed by the petitioner for issuance of a writ of Mandamus, directing the respondents 1 and 2 to take appropriate action on the 3rd and 4th respondents for illegality committed to the petitioner and to grant all benefits on par with others by considering the petitioner's representation dated 24.04.2017.

2.The learned Additional Government Pleader takes notice for the respondents 1 and 2. In view of the order to be passed in this petition, notice to the respondents 3 and 4 is dispensed with.

3.At this stage of the hearing of the Writ Petition, the learned counsel appearing on behalf of the petitioner had submitted that it would suffice, if the representation of the petitioner, dated 24.04.2017, is directed to be disposed of, by the respondents 1 and 2, on merits and in accordance with law, within a specified period.

4. The learned Additional Government Pleader appearing on behalf of the respondents 1 and 2 have no objection for such an order being passed by this Court.

5. In view of the averments made in the affidavit filed in support of this Writ Petition and in view of the submissions made by the learned counsel appearing on behalf of the petitioner, the respondents 1 and 2 are directed to consider and dispose of the representation of the petitioner, dated 24.04.2017, on merits and in accordance with law, within a period of four weeks from the date of receipt of a copy of this order, after affording sufficient opportunity to the petitioner as well as the other interested persons, if any.

6. The Writ Petition stands disposed of with the above directions. Consequently, the connected miscellaneous petition is closed. No costs.

Sd/- Vacation Officer /True Copy/ Sub Assistant Registrar

To

1. The Chief Education Officer, Nagarcoil, Kanyakumari District.

2. The District Educational Officer, Thuckalai Educational District, Thuckalai, Kanyakumari District.

+ 1 CC TO Mr.S.C.HEROLD SINGH, ADVOCATE IN SR No. 57191 + 1 CC TO SPECIAL GOVERNMENT PLEADER IN SR No. 57951 MRN TE/SKN/SAR-III : 01/06/2017 : 3P/5C W.P.(MD)No.9565 of 2017 and W.M.P.(MD)No.7298 of 2017 24.05.2017