Madras High Court
Patchan vs S.Ravichandran ... 1St on 23 April, 2021
W.A.(MD)No.885 of 2021
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 23.04.2021
CORAM:
THE HONOURABLE MR.JUSTICE T.S.SIVAGNANAM
AND
THE HONOURABLE MRS.JUSTICE S.ANANTHI
W.A.(MD)No.885 of 2021
Patchan ... Appellant / 6th Respondent
Vs.
1.S.Ravichandran ... 1st Respondent / Writ Petitioner
2.The District Collector,
Theni District,
Theni.
3.The Director of Elementary Educational Officer,
DPI Campus, College Road,
Nungambakkam,
Chennai - 6.
4.The Chief Educational Officer,
Theni District,
Theni.
5.The District Elementary Educational Officer,
(presently designated as District Educational Officer)
Theni District,
Theni.
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1/5
W.A.(MD)No.885 of 2021
6.The Assistant Elementary Educational Officer,
(presently designated as Block Educational Officer)
K.Myladumparai,
Theni District. ... Respondents 2 to 6 / Respondents 2 to 5
PRAYER: Writ Appeal filed under Clause 15 of the Letters Patent, praying to
set aside the order dated 08.01.2019 made in W.P.(MD)No.379 of 2019 on the
file of this Court.
For Appellant : Mr.S.Louis
For Respondents 2 to 6 : Mrs.S.Srimathy,
Special Government Pleader
JUDGMENT
************
[Judgment of the Court was delivered by T.S.SIVAGNANAM, J.]
This Writ Appeal has been filed by the sixth respondent in the writ
petition in WP(MD)No.379 of 2019, challenges an order, dated 08.01.2019,
allowing the writ petition filed by the first respondent herein and directing to
review of the order of the suspension passed against the first respondent / writ
petitioner on the ground that the First Information Report registered against the
first respondent has been closed as “mistake of fact.”
https://www.mhc.tn.gov.in/judis/
W.A.(MD)No.885 of 2021
2.It is submitted by the learned counsel for the appellant that it was a
wrong statement made before the Court, because the closure report given by the
police was rejected by the Mahila Court, on the ground that a case under the
POCSO Act cannot be closed as “mistake of fact.”
3.The learned counsel would further submit that the victim’s parents
had moved this Court by filing a petition under Section 482 of the Code of
Criminal Procedure and based on the directions issued, the first respondent /
writ petitioner was arrested and subsequently, he has been placed under
suspension.
4.In the light of the above, the findings rendered by the learned Writ
Court is set aside and in the light of the subsequent development, the question
of reconsidering the order of suspension does not arise and the said findings of
the Writ Court is also set aside and the Writ Appeal is allowed on the above
terms. No costs.
[T.S.S., J.] & [S.A.I., J.]
23.04.2021
Index : Yes / No
Internet : Yes / No
RM
https://www.mhc.tn.gov.in/judis/
W.A.(MD)No.885 of 2021
Note : In view of the present lock down owing to COVID-19
pandemic, a web copy of the order may be utilized for
official purposes, but, ensuring that the copy of the order
that is presented is the correct copy, shall be the
responsibility of the advocate/litigant concerned.
To
1.The District Collector,
Theni District,
Theni.
2.The Director of Elementary Educational Officer,
DPI Campus, College Road,
Nungambakkam,
Chennai - 6.
3.The Chief Educational Officer,
Theni District,
Theni.
4.The District Elementary Educational Officer,
(presently designated as District Educational Officer)
Theni District,
Theni.
5.The Assistant Elementary Educational Officer,
(presently designated as Block Educational Officer)
K.Myladumparai,
Theni District
https://www.mhc.tn.gov.in/judis/
W.A.(MD)No.885 of 2021
T.S.SIVAGNANAM, J.
AND
S.ANANTHI, J.
RM
JUDGMENT MADE IN
W.A.(MD)No.885 of 2021
23.04.2021
https://www.mhc.tn.gov.in/judis/
