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Madras High CourtWP(MD)/3282/2018disposed of

M.Logamani v. The Director Of School

2020-08-06Honourable Mr Justice D. Krishnakumar3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 06.08.2020

CORAM:

THE HONOURABLE MR.JUSTICE D.KRISHNAKUMAR M.Logamani ... Petitioner Vs.

1.The Director of School Education, DPI Complex, College Road, Nungambakkam, Chennai.

2.The Joint Director of School Education, (Secondary Education) DPI Complex, College Road, Nungambakkam, Chennai.

3.The Chief Education Officer, Madurai District, Madurai.

4.The District Educational Officer, Usilampatti, Madurai District.

5.PKN Boys and Girls Higher Secondary School Rep by The Secretary, Thirumangalam, Madurai District.

6.PKN Boys and Girls Higher Secondary School Rep by The Headmaster, Thirumangalam, Madurai District ... Respondents Prayer:- Writ Petition filed under Article 226 of the Constitution of India, praying for the issuance of a Writ of Mandamus, to direct the respondents 1 to 4 to consider the petitioner's representation, dated 12.06.2017 consequently direct the 5th and 6th respondents school to refund the excess collection of fee to the petitioner and for other such relieves.

For Petitioner : Mr.PR.Boome Rajan For R1 to R4 : Mr.N.Shanmugaselvam Additional Government Pleader For R5 & R6 : No Appearance

ORDER

This Writ Petition is filed to direct the respondents 1 to 4 to consider the petitioner's representation, dated 12.06.2017 and consequently to direct the fifth and the sixth respondents school to refund the excess collection of fee to the petitioner. 2.Heard Mr.PR.Boomee Rajan, learned counsel appearing for the petitioner and Mr.N.Shanmugaselvam, learned Additional 1/3

Government Pleader appearing for the respondent Nos.1 to 4. 3.According to the petitioner, his one of the son is studying 11th standard in the School run by PKN Trust. In the academic year 2017-2018, the fifth and the sixth respondents are collected excess fee of Rs.7,000/- for his son's education of 11th standard. Regarding the said fee, the fifth respondent has not issued any receipt. Originally the state Government fixed a fee is very low. But the fifth and sixth respondents have collected excess fee from the students in the school. In this regard, the petitioner sent a representation to the first respondent on 12.06.2017, which was forwarded to the third and the fourth respondents. Since no action has been taken, the petitioner is before this Court. 4.

The learned Additional Government Pleader appearing for the respondents 1 to 4, on instructions, would submit that based on the petitioner's representation dated 12.06.2017, the third respondent has conducted an enquiry and no final decision has been taken and hence, he seeks time to conclude the enquiry and to pass appropriate orders.

5.In view of the submission made by the learned Additional Government Pleader appearing for the respondents 1 to 4, this Court is inclined to direct the third respondent to conclude the enquiry and to pass appropriate orders on the petitioner's representation, dated 12.06.2017 and also communicate the final orders to the concerned parties, within a period of twelve weeks from the date of receipt of a copy of this order.

6.This Writ Petition is disposed of, with the above direction. No costs.

Sd/- Deputy Registrar // True Copy // / /2020 Sub Assistant Registrar(CS) vsd/Ns Note : In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate/litigant concerned. 2/3

To 1.The Director of School Education, DPI Complex, College Road, Nungambakkam, Chennai.

2.The Joint Director of School Education, (Secondary Education) DPI Complex, College Road, Nungambakkam, Chennai.

3.The Chief Education Officer, Madurai District, Madurai.

4.The District Educational Officer, Usilampatti, Madurai District.

+1 CC to M/s.PR. BOOMEE RAJAN, Advocate ( SR-13770[F] 06.08.2020 SMA/21/08/2020/3P/6C 3/3