Madras High Court
J.Elankumaran vs Director Of School Education on 6 December, 2021
W.P.No.23021 of 2019
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 06.12.2021
CORAM
THE HONOURABLE MR.JUSTICE M.DHANDAPANI
W.P.No.23021 of 2019
And
W.M.P.No.22698 of 2019
J.Elankumaran ... Petitioner
Vs.
1.Director of School Education,
DPI Campus,
Nungampakkam,
Chennai – 600 006.
2.Chief Educational Officer,
O/o. Chief Educational Office,
Manjakuppam,
Cuddalore.
3.District Educational Officer
O/o. District Educational Office,
Manjakuppam,
Cuddalore.
4.The Head Master
Devangudi Gopalakrishna,
Mazhavarayar Higher Secondary School,
Sethiyathope,
Bhuvanagiri Taluk,
Cuddalore District 608 702. ... Respondents
Prayer:
Petition filed under Article 226 of the Constitution of India to
1/6
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W.P.No.23021 of 2019
issue a Writ of Certiorarified Mandamus calling for the records
pertaining the order passed by the 1st Respondent vide Na.ka.No.
008647/M/E3/2018 dated 03.05.2018 and consequently directing the
1st respondent to alter the date of birth of the petitioner as
02.11.1981 instead of 14.05.1980 in the X and XII Mark Statements
issued to the petitioner by the 1st Respondent.
For Petitioner : Mr.G.Pugazhenthi
For Respondents : Mr.Stalin Abimanyu for R1 to R3
Additional Government Pleader
No Appearance for R4
ORDER
The petitioner has filed this writ petition seeking issuance of
Writ of Certiorarified Mandamus calling for the records pertaining the
order passed by the first Respondent vide Na.ka.No. 008647/M/E3/
2018 dated 03.05.2018 and to consequently directing the first
respondent to alter the date of birth of the petitioner as 02.11.1981
instead of 14.05.1980 in the X and XII Mark Statements issued to the
petitioner by the first Respondent.
2.The case of the petitioner is that he completed X Standard in
the examination held during March, 1995 at Devangudi Gopalakrishna
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W.P.No.23021 of 2019
Mazhavarayar Higher Secondary School, Sethiyathope, Cuddalore
District and he completed his Higher Secondary Education in the said
School during the academic year 1995 – 1997. Thereafter he
completed B.E. (Electrical and Electronics Engineering) during 1997 –
2001 at Dr.Navalar Nedunchezhiyan College of Engineering, Toludur,
Cuddalore District. His date of birth was mentioned as 14.05.1980 in
all School records. Thereafter, the petitioner came to know that his
date of birth was 02.11.1981.
3.The further case of the petitioner is that he filed a suit for
Declaration and Mandatory Injunction before the District Munsif Court
at Chidambaram to declare that his date of birth is 02.11.1981 in
O.S.No.350 of 2008 and the said suit was decreed in his favour on
24.06.2009. Thereafter, the petitioner made representation to the
first respondent seeking change of date of birth in the X and XII
Standard Mark Statements, however, vide impugned order, his
request was rejected by the first respondent. Hence, this writ
petition.
4.The learned counsel appearing for the petitioner would submit
that the petitioner filed a suit for Declaration and Mandatory
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W.P.No.23021 of 2019
Injunction before the District Munsif Court at Chidambaram to declare
that his date of birth is 02.11.1981 in O.S.No.350 of 2008 and the
said suit was decreed in his favour on 24.06.2009, however, the first
respondent did not take any action to implement the judgment and
decree, which is non est in law.
5.The learned Additional Government Pleader would submit that
the petitioner ought to have filed execution petition in the said suit
and instead of doing so has filed this writ petition, which is not
sustainable one.
6.The petitioner claim that he filed a suit for Declaration and
Mandatory Injunction before the District Munsif Court at Chidambaram
to declare that his date of birth is 02.11.1981 in O.S.No.350 of 2008
and the said suit was decreed in his favour on 24.06.2009. There is a
procedure available in the Civil Procedure Code for implementing the
judgment and decree and without exhausting the said remedy before
the competent Civil Court, filing writ petition is not sustainable.
There is no statutory or constitutional violation. Hence, this Court is
not inclined to grant the relief sought for by the petitioner in this writ
petition.
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W.P.No.23021 of 2019
7.The writ petition is accordingly dismissed. However, liberty is
granted to the petitioner to work out the remedy in the manner
known to law. No costs. Consequently, the connected miscellaneous
petitions are closed.
06.12.2021
pri
Speaking Order/ Non Speaking Order
Index: Yes/ No
Internet: Yes/ No
To
1.The Director of School Education,
DPI Campus,
Nungampakkam,
Chennai – 600 006.
2.The Chief Educational Officer,
O/o. Chief Educational Office,
Manjakuppam,
Cuddalore.
3.The District Educational Officer
O/o. District Educational Office,
Manjakuppam,
Cuddalore.
4.The Head Master
Devangudi Gopalakrishna,
Mazhavarayar Higher Secondary School,
Sethiyathope,
Bhuvanagiri Taluk,
Cuddalore District 608 702.
https://www.mhc.tn.gov.in/judis
W.P.No.23021 of 2019
M.DHANDAPANI,J.
pri
W.P.No.23021 of 2019
And
W.M.P.No.22698 of 2019
06.12.2021
https://www.mhc.tn.gov.in/judis
