A review application filed by a school management challenging a high court order directing payment of Rs.1,00,000/- compensation was allowed. The court found the school's absence due to lack of knowledge justified setting aside the order to ensure fairness and allow a settlement offer.
Order dated 26.08.2022 setting aside the previous order.
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.
Rev.Apl.W(MD)No.161 of 2023 in W.P.(MD)No.19214 of 2019
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 23.11.2023
CORAM:
THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN
Rev.Apl.W(MD)No.161 of 2023
in
W.P.(MD)No.19214 of 2019
and
W.M.P.(MD)Nos.16719 & 16720 of 2023
The Correspondent, Ayiravaisiyar Boys Higher Secondary School, (Velliyambalam School) South Chithirai Street, Madurai Town, Madurai District.
... Petitioner
Vs.
1.R.Siva Vijaykumar
3.The Director, School Education Department, College Road, Chennai.
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Rev.Apl.W(MD)No.161 of 2023 in W.P.(MD)No.19214 of 2019
5.The District Educational Officer, Alagarkovil Road, Tallakulam, Near Post Office, Madurai District. ... Respondents
PRAYER: Petition filed under Order 47 Rule 1 & 2 r/w Section 114 of C.P.C., praying to review the order passed by this Court dated 26.08.2022 in W.P.(MD)No.19214 of 2019 and allow the review application.
For Petitioner : Mr.M.Ponniah For R1 : Mr.G.D.Manikandan for R1 : Mr.S.Ra.Ramachandran Additional Government Pleader for R2 to R5
ORDER
Heard both sides.
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Rev.Apl.W(MD)No.161 of 2023 in W.P.(MD)No.19214 of 2019
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Rev.Apl.W(MD)No.161 of 2023 in W.P.(MD)No.19214 of 2019
23.11.2023
Index : Yes/No Internet : Yes/No rmi
To
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Rev.Apl.W(MD)No.161 of 2023 in W.P.(MD)No.19214 of 2019
G.R.SWAMINATHAN, J.
rmi
Rev.Apl.W(MD)No.161 of 2023 in W.P.(MD)No.19214 of 2019
23.11.2023
5/5
2 issues framed by the court
Whether the review application filed by the school managing committee challenging the compensation order should be allowed.
Whether the failure of the school management to appear in the main writ petition warranted the setting aside of the previous order.
Ayiravaisiyar Boys Higher Secondary School
R.Siva Vijaykumar
Secretary to Government, School Education Department
Director, School Education Department
Chief Educational Officer, Tallakulam
District Educational Officer, Alagarkovil Road
G.R.Swaminathan
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
