T.Udhayakumar, v. The Union Of India,

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 28.11.2023

CORAM:

THE HONOURABLE MR.SANJAY V.GANGAPURWALA, CHIEF JUSTICE and THE HONOURABLE MR.JUSTICE K.K.RAMAKRISHNAN W.P.(MD) No.16421 of 2014 T.Udhayakumar ... Petitioner -vs1. The Union of India, Rep. by its Secretary, Ministry of Home, New Delhi.

2. The Government of Tamil Nadu, Through its Secretary, Department of School Education, Fort St.George, Chennai.

3. The Director of School Education, O/o. Director of School Education, College Road, Nungamppakkam, Chennai.

4. The Chief Education Officer, O/o. Chief Education Officer, Dindigul District, Dindigul.

5. The District Educational Officer, O/o District Eductional Office, Dindigul District, Dindigul.

6. Kodaikanal International School, Rep. by its Secretary, Kodai International School, Kodaikanal, Dindigul District, Dindigul.

7. Ganga, The Finance Director, The Kodaikanal International School, Kodaikanal, Dindigul District.

8. Coriey, The Principal, The Kodaikanal International School, Kodaikanal, Dindigul District.

9. Preethi, Secretary, The Kodaikanal International School, Kodaikanal, Dindigul District.

10. Krishnamoorthy, Dean of Students, The Kodaikanal International School, Kodaikanal, Dindigul District.

... Respondents (R7 to R10 are impleaded vide Court order dated 12.09.2016 in M.P(MD)No.1 of 2015) PRAYER: Petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing the Respondent No.2 to conduct enquiry and take action for the racial discrimination in the school and consequently to take over the management of the Kodaikanal International School, Kodaikanal, Dindigul District, within the time period stipulated by this Court. For Petitioner : Mr.P.V.Vetrivel for M/s.Lajapathiroy Associates For R1 : Mr.R.Murugappan

For R2 to R5 : Mr.P.Thilakkumar, Government Pleader For R6 : Mr.K.Sekar For R7 to R10 : Mr.C.Dhanaseelan

O R D E R

[Order of the Court was made by The Hon'ble CHIEF JUSTICE] Heard Mr.P.V.Vetrivel, learned counsel for petitioner, Mr.R.Murugappan, learned counsel for respondent No.1, Mr.P.Thilakkumar, learned Government Pleader appearing for respondent Nos.2 to 5, Mr.K.Sekar, learned counsel for respondent No.6 and Mr.C.Dhanaseelan, learned counsel for respondent Nos.7 to 10.

2.

The learned counsel for the petitioner submits that the representation was given by the petitioner against the respondent No.6 school for the racial discrimination. The complaint was filed by the son of the petitioner who was thrown out of the school. The complaint was given against Mr.Adrian Moody who was the Principal of the school that he was targeting the students. The complaint was given regarding quality of food and humiliation meted out.

3.

Learned Advocate for respondent No.6 submits that the said Adrian Moody even at the time of filing of the writ petition was not the Principal of respondent No.6 school and he was transferred to some other school. It is further submitted that the said Adrian Moody went abroad and today, he is not the Principal of respondent No.6 school. The school is more than 120 years old. No illegal practices are being performed. 4.

The writ petition is filed in the year 2014. It is contended by the learned counsel for respondent No.6 that the said Adrian Moody was already transferred before the writ petition was filed to some other school and he is not in the respondent No.6 school. The son of the petitioner also finished his studies in the respondent No.6 school.

5.

In the light of that, the Writ Petition stands disposed of. No costs. [S.V.G., .C.J.] [K.K.R.K., J.] 28.11.2023 Index : Yes / No : Yes / No bala

To

1. The Secretary, Union of India, Ministry of Home, New Delhi.

2. The Secretary, Government of Tamil Nadu, Department of School Education, Fort St.George, Chennai.

3. The Director of School Education, O/o. Director of School Education, College Road, Nungamppakkam, Chennai.

4. The Chief Education Officer, O/o. Chief Education Officer, Dindigul District, Dindigul.

5. The District Educational Officer, O/o District Eductional Office, Dindigul District, Dindigul.

THE HONOURABLE CHIEF JUSTICE and K.K.RAMAKRISHNAN , J.

bala W.P.(MD) No.16421 of 2014 28.11.2023