Madras High CourtWP(MD)/10462/2011dismissed

G. Thangamuthu v. The Principal Secretary

2015-10-07Honourable Ms.Justice V.M.Velumani,Honourable Mr Justice R. Sudhakar3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 07.10.2015 CORAM :

THE HONOURABLE MR.JUSTICE R.SUDHAKAR and THE HONOURABLE MS.JUSTICE V.M.VELUMANI Writ Petition (MD) No.10462 of 2011 G.Thangamuthu ... Petitioner Vs.

1.The Principal Secretary, School Education Department, Government of Tamil Nadu, Fort St., George, Chennai 600 009.

2.The Director of School Education, Office of the Director of School Education, DPI Complex, College Road, Chennai 600 006.

3.The Director of Elementary Education, Office of the Director of Elementary School, DPI Complex, College Road, Chennai 600 006.

4.The Chief Educational Officer, Virudhunagar District, Virudhunagar.

5.The District Educational Officer, Virudhunagar District, Virudhunagar.

6.The District Elementary Educational Officer, Virudhunagar District, Virudhunagar.

7.Virudhunagar Kshatriya Vidyalaya, KVS Managing Board, Virudhunagar.

8.The Secretary KVS Managing Board Katchery Road, Virudhunagar.

9.The Secretary KGS Managing Board, Virudhunagar.

...

Respondents Petition filed under Article 226 of the Constitution of India praying for issuance of a Writ of Mandamus, directing the respondents 1

to 3 herein to enquire into irregularities in the fresh appointment made by the 7th respondent in its school and submit report to this Honourable Court and consequently direct the respondent authorities to exercise the power under Sec.14(2) of the Tamil Nadu Recognised Private Schools (Regulation) Act 1973 against the 7th respondent and the schools run by it in accordance with law.

For Petitioner : Mr.K.Appadurai For Respondents 1-6 :Mr.V.R.Shanmuganathan Special Government Pleader.

For Respondents 8&9 : Mr.D.Nallathambi For 7th Respondent : No appearance

ORDER

(Order of the Court was made by R.SUDHAKAR,J.) A disgruntled employee's son has filed this writ petition alleging the corruption in making appointment of teachers, not following the roster system, in the seventh respondent school. This fact is evident from the counter filed by the eighth respondent. Paragraph - 2 of the counter affidavit reads as follows:

"I humbly submit that the present writ petition filed as public interest litigation is not a bonafide litigation. The present writ petitioner is the father of our Ex.employee namely Mr.S.Gurusat and the said Gurusamy has already filed a writ petition against out school in W.P.No.6219 of 2011 and the same is pending before this Hon'ble Court. This fact will clearly establish that the present writ petitioner has not filed this writ petition in public interest and it is only a personal interest litigation. The fact of a pending writ petition in W.P.No.6219 of 2011 by the son of the present writ petitioner against out institution was suppressed by the writ petitioner and on this sole ground the present public interest litigation is liable to be dismissed with heavy cost."

2.We find no cause to entertain this frivolous writ petition in public interest. Hence, this writ petition is dismissed. No costs. Connected Miscellaneous Petition is closed.

Sd/- Assistant Registrar(Per.Admin) /True copy/ Sub Assistant Registrar mj To 1.The Principal Secretary, School Education Department, Government of Tamil Nadu, Fort St., George, Chennai 600 009.