Prof.M.Kanagaraju, v. The Principal Sec. To Govt.
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Dated : 07.08.2017 CORAM :
THE HONOURABLE MR.JUSTICE K.K.SASIDHARAN AND THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN W.P(MD)No.6617 of 2016 Prof M.Kanagaraju : Petitioner Vs.
1.The Principal Secretary to Government of Tamil Nadu, Department of School Education, Fort St.George, 2.The District Collector, Dindigul District, Dindigul.
3.The Director of School Education, O/o/ director of School Education, DPI Campus, 4.The Joint Director of School Education, O/o.The Chief Educational Offier, Dindigul District.
5.The Chief Educational Officer, O/o. The District Educational Officer, Dindigul District.
6.The District Educational Officer, O/o. The District Educational Officer, Dindigul District.
7.The Guruvappa Higher Secondary School, Represented by its Secretary M.Rajkumar, Nikkaranpatti, Palani Taluk, Palani Taluk, Dindigul.
: Respondents Prayer : Writ Petition is filed under Article 226 of the Constitution of India, praying for issuance of a Writ of Mandamus, directing the respondents 1 to 6 to conduct an enquiry and initiate appropriate action against the seventh respondent in light of the proceedings of fifth respondent in
Na.Ka.No.1800/A4/2012, dated 28.06.2012 and consequently direct the respondents 1 to 6 recover the money from the seventh respondent and return the same to the school children within the time frame.
For Petitioner : Mr.T.Lajapathi Roy For Respondents : Mr.M.Govindan, Spl.GP for R.1 to R.6 Mr.J.lawrance for R7
O R D E R
(Order of the Court was made by G.R.SWAMINATHAN, J.) The writ petitioner alleged that the seventh respondent school has collected amounts in excess of the prescribed fees permits to students.
2.According to the writ petitioner, an enquiry was already conducted and that the enquiry revealed violation of the statutory provisions and that the school management also refunded the excess amounts collected from the students.
3.In view of the submission that the excess amounts have been refunded, the second part of the writ prayer for recovery of the excess amount from school management does not survive. The seventh respondent school has filed counter affidavit and very serious allegations have been made against the writ petitioner. 4.In view of the stand taken by the department as well as the school management to the effect that the excess amounts have been refunded to the students, we did not want to go into the matter further. It is of course open to the authorities to take appropriate action in accordance with law.
5.The Writ Petition is accordingly disposed of. No costs. Sd/- Assistant Registrar /True copy/ Sub Assistant Registrar To 1.The Principal Secretary to Government of Tamil Nadu, Department of School Education, Fort St.George,
2.The District Collector, Dindigul District, Dindigul.
3.The Director of School Education, O/o/ director of School Education, DPI Campus, 4.The Joint Director of School Education, O/o.The Chief Educational Offier, Dindigul District.
5.The Chief Educational Officer, O/o. The District Educational Officer, Dindigul District.
6.The District Educational Officer, O/o. The District Educational Officer, Dindigul District.
+1cc to Mr.J.Lawrence,Advocate,SR.71247 +1cc to Mr.T.Lajapathiroy,Advocate,SR.71052 +1cc to M/S.Special Government Pleader,SR.71491 W.P(MD)No.6617 of 2016 07.08.2017 TSG/SKM KK/SV MMS/SAR3-22.08.2017-3P-10C