Marikkannu .A v. The Director Of School Education

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 13.12.2022

CORAM

THE HONOURABLE MR.JUSTICE M.DHANDAPANI A.Marikkannu ... Petitioner Vs.

1. The Director of School Education, D.P.I. Campus, E.V.K.Sampath Building, College Road, Nungampakkam, Chennai.

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

3. The District Educational Officer, Pudukkottai Educational District, Pudukkottai.

4. M.Marimuthu, Head Master, Government Higher Secondary School, Perumanadu, Pudukkottai District.

... Respondents

PRAYER : Petition filed under Article 226 of the Constitution of India praying for issuance of Writ of Mandamus, directing the second respondent to take appropriate departmental action as against the fourth respondent herein for having involved in the criminal activities, based on the petitioner's representation dated 17.10.2022 made to the respondents 1 to 3. For Petitioner :

Mr.A.Ramesh For Respondents :

Mr.T.Amjadkhan Government Advocate for R1 to R3

O R D E R

This Writ Petition has been filed for a direction to the second respondent to take appropriate departmental action as against the fourth respondent herein for having involved in the criminal activities, based on the petitioner's representation dated 17.10.2022 to the respondents 1 to 3.

2. Since no adverse order is going to be passed, notice to the fourth respondent is dispensed with.

3. The case of the petitioner is that the petitioner's husband after dedicating himself for the Indian Nation Protection, got retirement from the Indian Army. The petitioner has been in possession and enjoyment of the promboke land bearing Survey No.364/1 to an extent of 1 Acre 40 Cents situated at Manavalankarai, Thirumayam Taluk, Pudukkottai District. In order to get patta to the said land, the petitioner's husband made a representation through his Commandant to the District Collector, Pudukkottai on 06.09.2019. Since the request of the husband of the petitioner was not considered, the petitioner herein has filed a Writ Petition in W.P.(MD)No.21870 of 2019. This Court, by an order dated 15.07.2020, directed the District Collector to dispose of the representation within a period of twelve weeks.

In the meanwhile, the fourth respondent, who is working as a Headmaster in the Government Higher Secondary School, Pudukkottai District has entered into the land of the petitioner and threatened her. Hence, she made a Police complaint against the fourth respondent in Crime No.259 of 2022. However, the fourth respondent has come out on anticipatory bail. Hence, she made a representation on 17.10.

against the fourth respondent. But, till date, no order was passed. Therefore, the petitioner has filed the present Writ Petition with the aforesaid prayer.

4. The learned counsel appearing for the petitioner would submit that it would suffice, if the second respondent is directed to dispose of the representation of the petitioner, dated 17.10.2022, on merits and in accordance with law, within a specified period.

5. The learned Government Advocate appearing for the respondents has no serious objection for such an order being passed by this Court.

6. Considering the limited request made by the learned counsel for the petitioner, this Court, without going into the merits of the matter, directs the second respondent to consider the petitioner's representation, dated 17.10.2022 and pass appropriate orders, on merits and in accordance with law within a period of twelve weeks from the date of receipt of a copy of this order after affording an opportunity of hearing to the petitioner as well as fourth respondent.

7. With the above direction, this Writ Petition is disposed of. No costs.

13.12.2022 Index : Yes / No Speaking Order : Yes / No vji To

1. The Director of School Education, D.P.I. Campus, E.V.K.Sampath Building, College Road, Nungampakkam, Chennai.

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

3. The District Educational Officer, Pudukkottai Educational District, Pudukkottai.

4. The Head Master, Government Higher Secondary School, Perumanadu, Pudukkottai District.

M.DHANDAPANI,J.

vji 13.12.2022