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2021 Supreme(Online)(MAD) 6336

IN THE HIGH COURT OF JUDICATURE AT MADRAS Judgment reserved on : 11.02.2021 Judgment pronounced on : 15-02-2021 CORAM:

The Honourable Mr. Justice R. Subbiah and The Honourable Mr. Justice Sathi Kumar Sukumara Kurup Writ Appeal No. 1638 of 2019 ---

M.K. Mohammed Ishmayil .. Appellant Versus

1. The State of Tamil Nadu represented by The Secretary Education Department Fort St. George, Chennai

2. The Chief Educational Officer Villupuram District

3. District Educational Officer Dindivanam District

4. The National Higher Secondary School represented by the Correspondent Mr. Ramtex Thiyagarajan Dindivanam

5. Venkataraman Teacher National Higher Secondary School Dindivanam .. Respondents Appeal filed under Section 15 of Letters Patent against the Order dated

10.10.2018 passed in WP No. 13603 of 2013 on the file of this Court For appellant : Ms. D. Geetha For respondents : Mrs. P. Kavitha Government Advocate (Education) for RR1 to 3 Mr. N. Suresh for R5

JUDGMENT

R. SUBBIAH, J This writ appeal is filed as against the order dated 10.10.2018 passed in WP No. 13630 of 2019, whereby the learned single Judge dismissed the writ petition filed by the appellant herein.

2. The writ petition was filed by the appellant praying to issue a Writ of Mandamus directing the respondents to jointly or severally pay a sum of Rs. 10 lakhs as compensation for the present status of his son Abbas Ali and for the loss of education, future career and mental agony suffered by him and his family.

3. The case of the appellant in the writ petition is that he is the father of three children and he is eking out his livelihood by selling tea in cycle in and around Tindivanam, by which he is earning Rs.200 to Rs.300 per day. According to the appellant, his elder son Abbas Ali, aged 17 years, was studying in the 4th respondent school, which is an Aided school. It is his case that his son was a bright student and he used to score second rank in his class. Further, his son also used to help other student in their studies. While so, on 24.01.2013 when his son was writing model exam in the school, a boy next to him was asking something to his son, who was responding to him. On seeing his son speaking with another student, Mr. Venkataraman, fifth respondent came to his son, assaulted him on his forehead and backhead. Due to such assault in front of other student, the appellant's son was humiliated and insulted, resultantly, his son was affected mentally and psychologically. On the said day, when the appellant's son returned home, he looked dull and he did not speak to any one and he did not sleep through out that night by repeatedly murmuring 'Mahappa Mustafa' and 'Abbas Ralilla. In effect, his son was seen disturbed and was not normal.

4. According to the appellant, on the next day viz., 25.01.2013, being Milad-un-Nabi, he went to the mosque along with his son. When the appellant and his son were in the mosque, the appellant's son behaved unusually by raising his arms, folding his fore arms, starred at every one and behaved differently On seeing his attitude, on 26.01.2013, the appellant took his son to Dr. K. Balasubramaniam at Tindivanam, who after examination, referred the appellant's son to Dr. S.N. Bala Subramanian, Psychiatrist. Therefore, on 27.01.2013, the appellant had taken his son for treatment to Dr.S.N. Bala Subramanian, who gave some treatment, but his son's condition worsened. Therefore, he had taken his son to a Doctor at Pondicherry. Later, the appellant came to know that his son was assaulted by the fifth respondent in front of other students which made him to fell into depression. Further, Ms. Santha, one of the teachers working in the School came to see the appellant's son and she had informed the appellant that his son was assaulted by the fifth respondent and on seeing it, the other students laughed at him. Further, the fourth respondent called upon the appellant and informed him that he will take care of his son's medical expenses and educational expenses and that he will ensure that his son passes the examination

5. According to the appellant, his son's mental condition worsened day-by-day and therefore, he had taken his son for treatment on 11.02.2013 to JIPMER Hospital, Pondicherry. It is his contention that from the date of the incident namely 24.01.2013, his son did not attend the school and remained at home. Further, on 12.02.2013, one of the teachers by name Kamalakannan came to the house of the appellant and requested him to send his son to school. On the next day, the appellant along with his son went to the school where the teachers attempted to convince and pacify his son. The fourth respondent also arranged a separate room for his son to write the practical examination, but his son did not write the exam and indulged in unpleasant actions. Ultimately, the appellant's son partly attended the examination. Further, on 26.02.2013, the fourth respondent called the appellant to bring his

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