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Madras High CourtWP(MD)/30679/2023disposed of

Ramesh .D v. The District Elementary Officer (Elementary)

2023-12-21Honourable Mr Justice G.R.Swaminathan5 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 21.12.2023

CORAM

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN D.Ramesh ... Petitioner Vs.

1.The District Elementary Officer (Elementary), Tenkasi, Tenkasi District.

2.The Block Education Officer, Alangulam, Tenkasi District.

3.Pon Suresh Ananth ... Respondents Prayer : Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus directing the 1/5

respondents to order the direct payment and pay the salary to the teachers directly by the first respondent in Saraswathi Vidyalaya Elementary School at Kandaganeri Village, Tenkasi District, on the basis of petitioner representation dated 08.11.2023 For Petitioner : Mr.C.Jeganathan For Respondents: Mr.S.Ra.Ramachandran- for R1 & R2 Special Government Pleader

ORDER

Heard the learned counsel for the petitioner and the learned Additional Government Pleader for respondents 1 and 2. Issuance of notice to third respondent is dispensed with.

2. The Writ Petitioner and the third respondent are brothers. The case on hand concerns the affairs of Saraswathi Vidyalaya Elementary School at Kandaganeri Village in Tenkasi District. The petitioner and the third respondent are at logger heads. 2/5

The third respondent claims to be the Secretary of the School. There is a civil dispute between the parties. The petitioner case is that direct payment should be made.

3. I cannot pass such an order with out notice to the third respondent. I however, can direct the Department to ensure that the payment of salary to the teachers is not withheld for any reason; either the teachers should get salary through the usual mode i.e., through the Secretary or directly. For no reason payment of salary shall be withheld.

4. With this direction to the Department, this Writ Petition disposed of. No costs.

21.12.2023 NCC : Yes/No Index : Yes / No Internet : Yes/ No RM 3/5

To:

1.The District Elementary Officer (Elementary), Tenkasi, Tenkasi District.

2.The Block Education Officer, Alangulam, Tenkasi District.

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G.R.SWAMINATHAN, J.

RM 21.12.2023 5/5