W.P.No.7429 of 2018

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 03.11.2022

CORAM

THE HONOURABLE MR.JUSTICE S.M.SUBRAMANIAM

W.P.No.7429 of 2018

and

W.M.P.No.9225 of 2018

K.Kala

... Petitioner

Vs.

1.The Secretary,

Educational Department,

Secretariat,

Fort St. George,

Chennai – 600 009.

2.The Secretary,

State of Tamil Nadu,

Public Department,

Secretariat,

Fort St. George,

Chennai – 600 009.

3.The Chief Educational Officer,

Department of School Education,

Peyton Road,

Ooty,

Nilgiris District.

4.Robert

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W.P.No.7429 of 2018

5.The Station House Officer or the Inspector (In-charge),

Devala Police Station,

Gudalur,

Nilgiris District.

6.The Revenue Divisional Officer / Executive Magistrate,

Udhagamandalam,

Nilgiris District.

7.Mr.K.Pichaiyappan,

The then Chief Educational Officer,

Udhagamandalam,

Nilgiris District.

... Respondents

[R5 to R7 suo-motu impleaded vide order

dated 02.08.2022 in W.P.No.7429 of 2018]

Prayer: Writ Petition filed under Article 226 of the Constitution of India for

issuance of a Writ of Mandamus, directing the 3^rd respondent to initiate

disciplinary action against the 4^th respondent and consequently direct the 1^st

and 2^nd respondents to pay a sum of Rs.1000000 (Ten Lakhs) compensation

to the petitioner.

For Petitioner

: Ms.M.Sreela

For Mr.R.Diwakaran

For R1 & R3

: Mrs.S.Mythreye Chandru

Special Government Pleader

For R2 & R5

: Mrs.P.Rajarajeswari

Government Advocate

For R4

: Dr.G.Babu

For R6

: Mr.R.P.Murugan Raja

Government Advocate

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W.P.No.7429 of 2018

O R D E R

The Writ of Mandamus has been filed to direct the 3^rd respondent to

initiate disciplinary action against the 4^th respondent and consequently,

direct the respondents 1 and 2 respondents to pay a sum of Rs.10,00,000/-

(Rupees Ten Lakhs) compensation to the writ petitioner.

2. The petitioner states that herself and her husband are daily wage

workers and she has two daughters and one son. Her son Yuvaraj, aged

about 17 years was studying in Gudalur Government Higher Secondary

School in 12^th Standard. Her son was tortured and harassed by the School

Headmaster / 4^th respondent. The 4^th respondent used to cut the hair of the

boys in public, tear the trousers of her son and other boys by using the blade

and beat the children ruthlessly and abuse them using filthy language. The

petitioner states that her son was also subjected to such ill-treatment and on

account of such continuous behaviour of the 4^th respondent, the son of the

petitioner committed suicide.

3. The petitioner has narrated various incidents in the affidavit filed in

support of the writ petition to establish that the 4^th respondent has harassed

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W.P.No.7429 of 2018

the students studying in the School. The other students informed the

petitioner that the Headmaster used to humiliate all the children and kept

torturing the children inside the School. In respect of the suicide of the son

of the petitioner, the Police registered a case in Crime No.533 of 2017 on

30.08.2017 under Section 174 Cr.P.C.

4. The grievance of the petitioner was that the Police had not

proceeded with the investigation. No enquiry was conducted properly. The

4^th respondent continued his activities in the school. Thus, the petitioner is

constrained to move the present writ petition.

5. The learned counsel for the petitioner mainly contended that the 4^th

respondent has committed an act of violation of the Right to Life of the son

of the petitioner, who had committed suicide. The Right of Children even

under the United Nations Conventions on Right to Child (UNCRC) has to be

protected and if the 4^th respondent is allowed to continue such activities, it

would cause irreparable loss to the students community and therefore,

appropriate a