Disposed¶33

S.Gunasekaran v. The Chief Educational Officer

Madras HC23 Jan 2025WP/2115/2021

Case brief

AI extract

What is this about?

Madras HC W.P.No.2115 of 2021 (decided 22/1/2025, Vivek Kumar Singh J): S. Gunasekaran (retired Head Master) v. Chief Educational Officer/District Educational Officer, Tiruppur and Secretary, Sri Venkatakrishna Higher Secondary School - mandamus sought for Rs.5,00,000/- plus future interest from 11/7/2014 (School amenity fund deposit); petition disposed of with directions to consider the 14/12/2020 representation on merits within one month; no ruling on merits; no costs.

What did the court decide?

No monetary relief granted. Writ petition disposed of with directions: petitioner to furnish copies of the representation dated 14/12/2020 and of the order to respondents 2 and 3 within one week; respondents 2 and 3 to dispose of the representation on merits and in accordance with law within one month thereafter; no costs. ¶33

S.Gunasekaran Vs The Chief Educational Officer — Writ and Judicial Review | Madras HC (2025)

What the court decided

AI extract

Outcome

¶33

Issue for consideration

Whether the second respondent should be directed to forthwith direct the third respondent to pay the petitioner Rs.5,00,000/- (Rupees Five lakhs only) along with future interest as per bank proceeds from 11/7/2014, when the petitioner deposited the money in the School amenity fund, till actual realization, together with costs. +1 more

¶19

Ratio / Principle

Without expressing any opinion on the merits of the case, and considering that the petitioner is a senior citizen, the Court directed the petitioner to give a copy of the representation dated 14/12/2020 and a copy of this order to the second and third respondents within one week from receipt of a copy of the order.

¶32

Key takeaways

On receipt of those copies, the second and third respondents are directed to dispose of the representation on merits and in accordance with law within one month thereafter.ratio¶32

Detailed headnote1 paragraphs

Writ petition under Article 226 (mandamus) by S. Gunasekaran, retired Head Master, seeking direction to the District Educational Officer, Udumalpet (R2) to instruct the Secretary, Sri Venkatakrishna Higher Secondary School (R3) to pay him Rs.5,00,000/- with future interest from 11/7/2014, when he deposited the money in the School amenity fund, till realization, with costs. Background: money collected from students in 2007-08; complaint by K.Y.Radhakrishnan; letter dated 24/3/2008 directing recovery and reimbursement; petitioner remitted Rs.1,64,121/- on 12/3/2008; insistence to remit amounts allegedly collected 2002-07 despite denial; retirement on 30/6/2018; unconsidered representation dated 14/12/2020. Held (Vivek Kumar Singh J., 22/1/2025): without expressing any opinion on the merits, and considering the petitioner is a senior citizen, the petitioner was directed to give copies of the representation and of the order to R2 and R3 within one week, and R2 and R3 were directed to dispose of the representation on merits and in accordance with law within one month thereafter. Petition disposed of; no costs; no monetary relief awarded at this stage.

¶1

Writ Petition No.2115 of 2021

¶2

IN THE HIGH COURT OF JUDICATURE AT MADRAS

¶3

Dated: 22/1/2025

¶4

C O R A M

¶5

THE HONOURABLE Mr.JUSTICE VIVEK KUMAR SINGH

¶6

Writ Petition No.2115 of 2021

¶7

S. Gunasekaran ... Petitioner

¶8

¶9

The Chief Educational Officer Chief Educational Office Tirupur District Collectorate Palladam Main Road Tiruppur 641 604.

¶10

The District Educational Officer District Education Office, Udumalpet Rajendra Road Udumalpet 642 126.

¶11

The Secretary Sri Venkatakrishna Higher Secondary School School Street Kaniyur 642 203 Madathukulam Taluk Tiruppur District. ... Respondents

¶12

PRAYER : Petition filed under Article 226 of the Constitution of India praying for the issuance of a writ of mandamus to direct the second respondent to forthwith direct the third respondent to pay the petitioner Rs.5,00,000/- (Rupees Five lakhs only) along with future interest as per bank

¶13

https://www.mhc.tn.gov.in/judis Page No:1/6

¶14

Writ Petition No.2115 of 2021

¶15

proceeds from 11/7/2014 when the petitioner deposited the money in the School amenity fund till actual realization of the said amount and costs.

¶16

For petitioner	...	Mr.Naveen Kumar Murthi for Mr.S.M.Mahamani
For respondents	...	Mr.P.Rajarajeswari Government Advocate
		for R.R.1 and 2.
		Mr.G.Ilamurugu for R.3.

¶17

¶18

O R D E R

¶19

This writ petition has been filed to direct the second respondent to forthwith direct the third respondent to pay the petitioner Rs.5,00,000/(Rupees Five lakhs only) along with future interest as per bank proceeds from 11/7/2014 when the petitioner deposited the money in the School amenity fund till actual realization of the said amount and costs.

¶20

2. The facts in brief are as follows:-

¶21

The petitioner had joined the third respondent/Sri Venkatakrishna

¶22

Higher Secondary School on 4/8/1987 and got promoted as Head Master on

¶23

https://www.mhc.tn.gov.in/judis Page No:2/6

¶24

Writ Petition No.2115 of 2021

¶25

2/6/2002. During his tenure, he had collected money during the academic year 2007 – 2008 from the students for bus pass cover, application forms,

¶26

miscellaneous charges for note books, etc. One Mr.K.Y.Radhakrishnan, gave a complaint against the petitioner to the second respondent to take action against the petitioner.

¶27

Vide, letter dated 24/3/2008, second respondent directed the third respondent to recover the money from the petitioner and directed to reimburse money to the students. The petitioner had already remitted a sum of Rs.1,64,121/- on 12/3/2008 to the account of School improvement fund. The then Secretary of the School Committee, directed the petitioner to remit the amounts said to be collected for the academic years 2002 – 03 to 2006 – 07. Though the petitioner had denied no money was collected from 2002 – 2007, third respondent insisted the petitioner to remit the amount. When this battle was going on, the petitioner was retired from service on 30/6/2018. Even after retirement, the petitioner had submitted a representation to the second respondent on 14/12/2020 to direct the third respondent to pay Rs.5,00,000/- along with future interest. Since the same has not been considered so far, petitioner has come forward with the instant writ petition praying for the relief as stated therein.

¶28

https://www.mhc.tn.gov.in/judis

¶29

Page No:3/6

¶30

Writ Petition No.2115 of 2021

¶31

The learned counsel for the petitioner submits that now the third respondent School has got a new management, Secretary and Trustees. But till date, the petitioner has not received the said sum.

¶32

Without expressing any opinion on the merits of the case and considering the fact that the petitioner is a senior citizen, directs the petitioner to give a copy of the representation dated 14/12/2020 and copy of this order dated 23/1/2025 to the second and third respondents, within a period of one week from the date of receipt of a copy of this order and on receipt of the same, the second and third respondents are directed to dispose of the same, on merits and in accordance with law, within a period of one month thereafter.

¶33