Madras High CourtWP(MD)/25771/2024disposed of

Petchimuthu v. The District Collector

2024-10-28Honourable Mr Justice Abdul Quddhose5 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 28.10.2024

CORAM

THE HONOURABLE MR JUSTICE ABDUL QUDDHOSE Petchimuthu ... Petitioner Vs.

1.The District Collector, Tirunelveli District, Tirunelveli.

2.The Chief Educational Officer, Tirunelveli District, Tirunelveli.

3.The Head Mistress, Government Hr. Sec. School, North Ariyanayakipuram, Tirunelveli District.

4.Uma Maheswari, Head Mistress, Government Hr. Sec. School, North Ariyanayakipuram, Tirunelveli District.

... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Mandamus, directing respondent Nos.1 and 2 to take appropriate action against the respondent No.4 for assaulting and verbally abusing the son of the petitioner aged 13 years by considering his representation dated 23.09.2024 1/5

For Petitioner : Mr.K.Jeyamohan For R-1 to R-3 : Mr.T.Amjad Khan, Government Advocate (Criminal Side)

O R D E R

This Writ Petition has been filed for a Mandamus seeking for a direction to respondent Nos.1 and 2 to take appropriate action against the fourth respondent based on the petitioner's representation dated 23.09.2024.

2. The petitioner claims that the fourth respondent, who is the Headmistress of the third respondent School, had assaulted and verbally abused the petitioner's son, who is aged thirteen years, while he was studying in the third respondent School. The petitioner has given a representation on 23.09.2024 to the official respondents calling upon them to take action against the fourth respondent. Since the representation has not been considered, the petitioner has filed this Writ Petition.

3. Mr.T.Amjad Khan, learned Government Advocate accepts notice on behalf of respondent Nos.1 to 3.

2/5

4. No prejudice would be caused to the respondents, if the petitioner's representation as stated supra is considered on merits and in accordance with law after affording a fair hearing to the petitioner as well as the fourth respondent including granting them one personal hearing.

5. Accordingly, this Writ Petition is disposed of, by directing the second respondent to pass final orders on merits and in accordance with law on the petitioner's representation dated 23.09.2024 requesting respondent Nos.1 and 2 to take appropriate action against the fourth respondent for the alleged assaulting and verbally abusing the son of the petitioner, aged thirteen years on merits and in accordance with law, after affording a fair hearing to the petitioner as well as the fourth respondent including granting them one personal hearing within a period of twelve weeks from the date of receipt of a copy of this order. No costs. This Court is not expressing any opinion on the merits of the petitioner's representation.

28.10.2024 NCC:yes/no Index:yes/no Internet:yes/no TSG 3/5

To 1.The District Collector, Tirunelveli District, Tirunelveli.

2.The Chief Educational Officer, Tirunelveli District, Tirunelveli.

3.The Head Mistress, Government Hr. Sec. School, North Ariyanayakipuram, Tirunelveli District.

4/5

ABDUL QUDDHOSE, J.

TSG 28.10.2024 5/5