Petitioner filed a writ under Article 226 seeking Rs.10 lakhs compensation for alleged mental trauma to his son allegedly caused by a school teacher. The Court held it lacked jurisdiction to decide factual issues requiring oral evidence.
Writ petition dismissed; liberty to file a civil suit preserved.
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IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED : 10.10.2018
CORAM
THE HONOURABLE MR.JUSTICE S.S.SUNDAR
W.P.No.13603 of 2013 and M.P.No.1 of 2013
M.K.Mohammed Ishmayil ... Petitioner
Versus
1.The State of Tamil Nadu
rep by Secretary,
Educational Department,
Fort George,
Chennai.
2.The Chief Educational Officer,
Villupuram District 605 602.
3.District Educational Officer,
Dindivanam District,
Dindivanam.
4.The National Higher Secondary School
rep by the Correspondent Mr. Ramtex Thiyarajan
Dindivanam.
5.Venkatraman ... Respondents
PRAYER: Writ Petition filed under Article 226 of the Constitution of India, praying for the issue of Writ of Mandamus directing the respondents jointly or severally to pay a sum of Rs.10,00,000/- (Rupees Ten Lakhs Only) as compensation for the present status of the petitioner's son “Abbas Ali” and for the loss of education, future career and the mental agony suffered by the petitioner and his family.
For Petitioner : Mrs. Vetriselvi for M/s.D.Geetha For Respondents : Mr.A. Rajaperumal, Additional Government Pleader for R1 to R3 : Mr.P. Ganesan for C.S. Associates for R4 : Mr.N.Suresh for R5
O R D E R
The Writ Petition has been filed for issuance of a Writ of Mandamus, directing the respondents jointly or severally to pay a sum of Rs.10,00,000/- (Rupees Ten Lakhs Only) as compensation for the present status of the petitioner's son “Abbas Ali” and for the loss of education, future career and mental agony suffered by the petitioner and his family.
(i) The petitioner's son by name Abbas Ali was studying in the fourth respondent school which is an aided school. It is stated that on 24.1.2013, when the petitioner's son was writing his model examination in his school, a boy next to him was asking something to the petitioner's son and he was responding to him. Since the petitioner's son was seen speaking to some one, the fifth respondent herein, who is the teacher and the invigilator stated to have beaten the petitioner's son. It is stated that because of the assault in front of other students, the petitioner's son felt humiliated and insulted. This incident is now cited as the reason why the petitioner's son was affected mentally and psychologically.
(ii) It is stated that the petitioner's son, thereafter, was looking dull and completely withdrawn. According to the petitioner, his son never spoke to any one and throughout the night, he did not have sleep and repeatedly saying "Mahappa Mustafa" and Abbas Ralilla". In short, it is the case of the petitioner that the petitioner's son was psychologically affected and mentally disturbed because he was humiliated in front of other students on the fateful date on 24.01.2013. It is further stated that the petitioner's son's condition became worst and therefore, the petitioner approached several doctors and got treatment for his son. The Psychiatrists and the doctors, according to the petitioner, opined that the mental illness of petitioner's son was due to the incident on 24.1.2013. It is, therefore, the petitioner has come forward with the present writ petition to direct the respondents jointly and severally to pay a sum of Rs.10,00,000/- (Rupees Ten Lakhs Only) towards compensation for what has happened to the petitioner's son on 24.01.2013.
sheet and in that context, the petitioner's son was chided and he was given one blow on his back and advised him not to repeat in future. After that, according to the fifth respondent, the petitioner's son did not feel wounded or there was no cause for any mental illness or instability due to the incident on 24.1.2013. Even after the incident, it is stated that the petitioner's son got very good marks in the subject and therefore, it was stated that there was no mental instability to the petitioner's son. It is also stated that neither the fourth respondent nor the fifth respondent is responsible for any illness or mental instability that is alleged in the petition.
Assistant Registrar(CS IX)
//True Copy//
Sub Assistant Registrar mpa/tsi
To
1.The Secretary,
State of Tamil Nadu
Educational Department,
Fort George,
Chennai.
2.The Chief Educational Officer
Villupuram district 605 602.
3.District Educational Officer,
Dindivanam District,
Dindivanam.
+1cc to Mr.D.Geetha, Advocate, S.R.No.70358
+1cc to M/s.C.S.Associates, Advocate, S.R.No.70476
+1cc to the Government Pleader, S.R.No. 70525
+1cc to Mr.N.Suresh, Advocate, S.R.No.71258
W.P.No.13603 of 2013
MP(CO)
rrs 02/11/2018
1 issue framed by the court
Whether the High Court under Article 226 could decide factual issues requiring oral evidence to determine if the alleged incident caused mental illness in the minor student.
1 provisions across 1 enactments
M.K.Mohammed Ishmayil
State of Tamil Nadu
Chief Educational Officer, Villupuram District
District Educational Officer, Dindivanam District
National Higher Secondary School
Venkatraman
S.S. Sundar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
