In this writ petition, the petitioner sought relief for alleged ragging and illicit activities at a college. The Court held that the prayers involve disputed questions of fact requiring evidence and cannot be decided under Article 226, dismissing the petition.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 17.02.2022
CORAM:
THE HON'BLE MR.JUSTICE M.GOVINDARAJ
WP NO.20671 OF 2015
Saravana Prabhu ... Petitioner Vs. 1.Government of India Thro' its Secretary Shipping Ministry New Delhi.
2.Government of India Thro' its Secretary Home Ministry New Delhi.
3.Tamil Nadu
Thro' its Chief Secretary Fort St. George, Chennai.
4.The Managing Director
IMA (International Maritime Academy) 41, Jamin Korattur, Puduchatram, Chennai – 124.
5.E.T.Samson
Superintendent of Police Tiruvallur District.
... Respondents
PRAYER: Writ Petition filed under Article 226 of the Constitution of India praying for issuance of Writ of Mandamus, directing the respondents to (a) repatriate the petitioner to any other legitimate college, (b) probe the heroin-peddling at IMA, (c) probe the legitimacy of the IMA and (d) compensation of 5 Crores, for 2 years of injurious ragging & loss of study.
For Petitioner : Mr.Manikandan Vathan Chettiar No appearance
For Respondents : Mr.M.Rajendran 3 and 5 Additional Government Pleader
O R D E R
The relief sought for by the petitioner with regard to probing the heroin-peddling at International Maritime Academy, probing the legitimacy of the International Maritime Academy, compensation of Rs.5 Crores, for 2 years of injurious ragging and loss of study and repatriating the petitioner to some other legitimate college involves disputed questions of fact and requires evidence. The prayer as such cannot be dealt with under Article 226 of the Constitution of India. The writ petition is not maintainable and accordingly, stands dismissed. No costs.
Sd/-
Assistant Registrar(CO)
//True Copy//
Sub Assistant Registrar
TK
To
1.The Secretary Government of India, Shipping Ministry New Delhi. 2.The Secretary Government of India, Home Ministry New Delhi.
3.The Chief Secretary Tamil Nadu Fort St. George, Chennai. 4.The Managing Director IMA (International Maritime Academy) 41, Jamin Korattur, Puduchatram, Chennai - 124. 5.The Superintendent of Police Tiruvallur District.
WP NO.20671 OF 2015
RSV(CO)
GN(03/03/2022)
1 issue framed by the court
Whether the prayer for probing facts involving disputed questions can be decided under Article 226 of the Constitution.
Saravana Prabhu
Government of India Thro' its Secretary Shipping Ministry New Delhi
Government of India Thro' its Secretary Home Ministry New Delhi
Tamil Nadu Thro' its Chief Secretary Fort St. George, Chennai
The Managing Director IMA (International Maritime Academy)
E.T. Samson
M. Govindaraj
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court