Dismissed¶23

Sivanithi v. The Principal Secretary to the Government

Madras HC10 Jan 2025WP(MD)/16696/2022

Case brief

AI extract

What is this about?

Mandamus petition for enforcement of SHRC compensation recommendation; SHRC No.9477/2015 dated 20.12.2021; recommendation under interim stay via W.P.(MD)No.19179 of 2023 (stay dated 18.08.2023); Article 226 writ of mandamus; compensation with 24% per annum interest; School Education Department; District Educational Officer Tirumangalam Madurai; writ petition dismissed, no costs; single-judge bench G.K.Ilanthiraiyan; decision dated 10.01.2025.

What did the court decide?

Because the SHRC recommendation dated 20.12.2021 was challenged before the Hon'ble Division Bench of this Court in W.P.(MD)No.19179 of 2023 and interim stay was obtained on 18.08.2023, the impugned order passed by the State Human Rights Commission cannot be implemented, and therefore the writ petition is liable to be dismissed. ¶22

Sivanithi Vs The Principal Secretary to the Government — Writ and Judicial Review | Madras HC (2025)

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W.P.(MD)No.16696 of 2022

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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

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DATED: 10.01.2025

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CORAM:

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THE HONOURABLE MR.JUSTICE G.K.ILANTHIRAIYAN

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W.P.(MD)No.16696 of 2022

Sivanithi

... Petitioner

/Vs./

The Principal Secretary to the Government, School Education Department, Secretariat, Chennai

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The District Educational Officer, Tirumangalam, Madurai District. ... Respondents

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PRAYER : Petition filed under Article 226 of the Constitution of India, to issue of Writ of Mandamus, directing the respondents to pay the compensation as per the recommendation of the State Human Rights Commission in SHRC No.9477/2015 dated 20.12.2021 within the time stipulated by this Court along with interest of 24% per annum from 20.12.2021.

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For Petitioner : Mr.R.M.Arun Swaminathan

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For Respondents : Mr.D.Gandhi Raj

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Special Government Pleader for R1-5

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

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W.P.(MD)No.16696 of 2022

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ORDER

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This Writ Petition has been filed for a direction, directing the

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respondents to pay compensation, as per the recommendation issued by the State Human Rights Commission in SHRC No.9477/2015 dated 20.12.2021.

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2. The said recommendation, dated 20.12.2021, was challenged before the Hon'ble Division Bench of this Court in W.P.(MD)No.19179 of 2023 and obtained interim stay on 18.08.2023. Therefore, the impugned order passed by the State Human Rights Commission cannot be implemented and the writ petition is liable to be dismissed.

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3.Accordingly, this Writ Petition stands dismissed. No costs.

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10.01.2025

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Internet : Yes/No NCC : Yes / No Index : Yes/No LS

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

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W.P.(MD)No.16696 of 2022