This Writ Petition has been filed to issue a Writ of Certiorarified Mandamus, for quashing the communication dated 12.08.2017 of the second respondent herein and consequently, to direct the District Collector of Karur and Chief Educational Officer of Karur to ensure the admission of the petitioner's daughter by name, P.Janani in XII standard Biology group in a Government or a Government aided or a Private School in Karur District during the academic year 2017?2018.
2.The main prayer in this petition is for quashing the communication dated 12.08.2017 of the second respondent. By the impugned communication, dated 12.08.2017, the Tamil Nadu Newsprint and Papers Limited directed the petitioner to vacate and hand-over the vacant possession of the quarters, immediately, which is in the occupation of the petitioner and on failure of which, legal action will be initiated by the respondent against the petitioner.
3.Further, the petitioner was also to take notice that the petitioner has to pay penal rent @ 40% of his last drawn basic pay from 01.08.2017 till the quarters is vacated by the petitioner. Except the pendency of various cases between the petitioner and the Tamil Nadu Newsprint and Papers Limited, the petitioner has not stated any other ground in the affidavit filed in support of the petition to quash the notice dated 12.08.2017. The petitioner was required to vacate the TNPL quarters No.E14 allotted to him in the TNPL Housing Colony on or before 23.11.2016 earlier by a communication dated 05.11.2016 and the time was extended later by communication dated 25.04.2017 till 30.07.2017. In response to the earlier communications, to vacate the premises, the petitioner has sent reply stating that he has given complaint against the boys of employees of M/s.TNPL and that he proposed to vacate the quarters after completion of the case pending with the authorities of the State. The petitioner has retired from service on 30.04.2017. The petitioner is not entitled to challenge the consequential order without challenging the earlier order. This Court can not justify the stand / reason for not vacating the quarters.
4.The relief, which is prayed for by the petitioner consists of two parts. The first part is challenging the order directing the petitioner to vacate the quarters and the second part of the prayer is to direct the District Collector of Karur and the Chief Educational Officer of Karur to ensure the admission of the petitioner's daughter by name, P.Janani in XII standard Biology group in a Government or a Government aided or a Private School in Karur District during the academic year 2017. The second part of the prayer is therefore not consequential to the main prayer.
5.The Office has raised serious objections regarding maintainability as the factual contention raised by the petitioner in the affidavit filed in support of the petition are not relevant to the prayer in the writ petition. Earlier, the petitioner has filed a petition in W.P.(MD) No.SR11718 of 2017 for issuing a Writ of Certiorarified Mandamus for certain reliefs, which cannot be granted by this Court. This Court, while dismissing the said petition as not maintainable directed the petitioner to pay a sum of Rs.50,000/-. The relevant portion of the order passed by this Court reads as follows:
?.....After the dismissal of his earlier attempt to get fanciful reliefs under
Section 482 Cr.P.C., P.balasubramaniyan is now attempting to re-enter through the window of
Article 226 of the Constitution of India. It is also seen that P.Balasubramanian ha senrolled as an Advocate in the Bar Council of Tamil Nadu. An Advocate belongs to a very noble profession and when he drafts pleadings, he is required to act with great circumspection, as he is in the position of an Officer of the Court. He cannot file reckless pleadings as in this case.
8.In the result, this petition is dismissed at the SR stage itself with costs of Rs.50,000/-(Rupees Fifty Thousand only) payable by P.Balasubramaniyan to the Legal Services Authority attached to this Court within a period of two weeks from the date of receipt of a copy of this order. Consequently, connected miscellaneous petition is also closed.?
6.Despite the order of this Court directing the petitioner to pay a sum of Rs.50,000/-, till date, the petitioner admits that he has not complied with the order of this Court. It is to be noted that the petitioner is in the habit of filing frivolous petitions one after another and the petitioner is raising issues, which are settled long back or un-sustainable in law. Even in the present petition, the petitioner's prayer is for quashing the communication issued by the second respondent, directing the petitioner to vacate the quarters. The allegations, found in the affidavit filed in support of the petition, are about the complaints of petitioner's daughter and petitioner about eve-teasing and ragging of petitioner's daughter.
7.The petitioner's daughter stated to have changed several schools and ultimately joined in a Tutorial Centre at Karur on 17.08.2017. It is contended that the petitioner was forced to obtain Transfer Certificate from all the schools because of the undue influence of respondents 2 and 3. He has made several representations and complaints to the official respondents and issued legal notice threatening the General Manager (H.R) of M/s.TNPL challenging the eviction notice. Alleging that none of his complaints were properly responded, the petitioner has approached this Court for two different prayers which are independent. The issues relating to the petitioner's daughter and the petitioner herein are distinct. The Registry has raised objections pointing out to the petitioner that the prayer and enclosures filed by the petitioner do not correlate. Since the Registry entertained a doubt with regard to maintainability, this Court directed to post the matter for maintainability and the matter is posted before Court for maintainability.
8.The learned counsel appearing for the petitioner is not able to convince the Court regarding maintainability of the writ petition for two distinct reliefs arising out of different cause of action. Without challenging the notice for vacating the quarters, further notice which is consequential to the previous communications is challenged. Only on the basis of the complaints lodged by the petitioner and her daughter before the official respondents, the relief of mandamus is prayed for. The Chief Educational Officer or The District Collector are not competent to ensure admission to the petitioner's daughter in any school as prayed for. Such a direction cannot be given merely on the basis of bald allegations made against the respondents 2 and 3. The learned counsel appearing for the petitioner is not able to satisfy the Court about the maintainability. Reading of affidavit indicates that the petitioner is making unsubstantiated allegations against officials of M/s.TNPL and other official respondents for their inaction without indicating their statutory obligations for granting such relief. Hence, the objections raised by the Registry are sustained and the writ petition in the present form is not maintainable. Accordingly, the writ petition is dismissed at SR stage.
9.Earlier, the petitioner was imposed a cost of Rs.50,000/- payable to the Legal Service Authority attached to this Court within a period of two weeks. This order has not been complied with. This amounts to contempt. The petitioner is liable to be prosecuted for contempt. The office is directed to place the papers relating to W.P.(MD) No.SR11718 of 2017 and order dated 06.06.2017 before the Hon'ble judges for taking action for contempt.
To
1.The Managing Director, M/s.Tamil Nadu Newsprint and Papers Limited, Corporate Office, 67, Mount Road, Guindy, Chennai ? 600 032.
2.The General Manager HR, M/s.Tamil Nadu Newsprint and Papers Limited, Factory, Kagithapuram Post, Karur District 639 136.
3.The Chief of Vigilance and Security, M/s.Tamil Nadu Newsprint and Papers Limited, Factory, Kagithapuram Post, Karur District.
4.The Inspector of Police, Vangal Police Station, Karur District.
5.The Inspector of Police, Velayuthampalayam Police Station, Karur District ? 639 117.
6.The Superintendent of Police, District Police Office, Karur, Karur District ? 639 007.
7.The Chief Educational Officer, O/o. The Chief Educational Officer, Karur, Karur District.
8.The District Collector, Collectorate Office, Karur, Karur District ? 639 007.
9.The Director, Central Bureau of Investigation, Sasthri Bhavan, Chennai ? 600 006.
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