R. Agnikumari, v. The District Collector

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 14.09.2017

CORAM:

THE HONOURABLE MR.JUSTICE K.KALYANASUNDARAM W.P.(MD)No.13983 of 2011 R.Agnikumari ... Petitioner -Vs1. The District Collector, Office of the District Collector,

2. The Superintendent of Police, Office of the Superintendent of Police,

3. The Chief Educational Officer,

4. The Inspector of Police, Tharuvaikulam Police Station, Tharuvaikulam (PO), Ottapidarum (TK), ... Respondents PRAYER:

Writ Petition is filed under Article 226 of the Constitution of India praying for issuance of a Writ of Mandamus, directing the 3rd and 4th respondents to take necessary action on the basis of the petitioner's representation dated 22.08.2011. For Petitioner : Mr.A.Rajaram For Respondents : Mr.C.Selvaraj, Special Government Pleader.

ORDER

The prayer in the Writ Petition to issue a Writ of Mandamus directing the 3rd and 4th respondents to take necessary action on the basis of the petitioner's representation dated 22.08.2011. 2.Heard Mr.A.Rajaram, learned counsel appearing for the petitioner and Mr.C.Selvaraj, learned Special Government Pleader appearing for the respondents and perused the materials available on record.

3.The case of the petitioner is that her daughter, namely,

R.Essakkidevi was studying in Government Higher Secondary School, Tharuvaikulam Post, Ottapidarum Talum, Thoothukudi District in the year 2011. On 10.08.2011, the School conducted an essay competition for Independence Day celebration. When the petitioner's daughter was attending the competition, her class teachers, namely, Chenthoorkani and Ketherine were continuously shouted the petitioner's daughter and hence she committed suicide on 20.08.2011. 4.The petitioner would further state that immediately she was taken to the Government Hospital, Thoothukudi and she was given treated for 15 days. Thereafter, the petitioner gave a representation dated 22.08.2011 to the respondents to take action against the said teachers. Since no action was taken by the respondents, hence the present writ petition. 5.

The learned Special Government Pleader would submit that by referring the counter filed by the respondents, submitted that the respondents 3 and 4 conducted independent enquiry based on the complaint given by the petitioner and both of them have found that the complaint was false. Hence, both authorities close the complaint of the petitioner.

6.In the instant case, though the petitioner had alleged that her daughter was harassed by her class teachers, she has not produced any evidence to substantiate the same. Further the respondents 3 and 4 have already conducted enquiry on the complaint of the petitioner. In view of the above facts, I am of the opinion that the petitioner is not entitled for the relief sought for in this writ petition.

7.Accordingly, this Writ petition is dismissed. No costs. Sd/- Assistant Registrar (Records) /True Copy/ Sub Assistant Registrar To

1. The District Collector, Office of the District Collector,

2. The Superintendent of Police, Office of the Superintendent of Police,

3. The Chief Educational Officer,

4. The Inspector of Police, Tharuvaikulam Police Station, Tharuvaikulam (PO), Ottapidarum (TK), + 1 CC TO Mr.A.RAJARAM, ADVOCATE IN SR No. 78824 + 1 CC TO SPECIAL GOVERNMENT PLEADER IN SR No. 79277 DSS/MSA TE/MR-KKR/SAR-II : 06/10/2017 : 3P/7C W.P.(MD)No.13983 of 2011 14.09.2017