The Division Bench of the Madras High Court, comprising Justice M Dhandapani and Justice R Vijayakumar in the case of S.Periyaraja vs. The Principal Secretary, Government of Tamil Nadu and Others has imposed a cost of Rs. 25000 on a lawyer for filing a "motivated petition" challenging special classes in a private school.
The Petitioner was a practising lawyer and had filed Public Interest Litigation on the ground that the private school (Respondent no. 7) was conducting special classes for 10th and 12th standard students during the month of May 2023. The Counsel submitted that the vacation is meant only for enjoyment of the school students along with their parents and for stress relief. If the same is allowed to continue, the students cannot be able to maintain their mental stability and hence, prays for allowing of this Writ Petition.
The Court heard the learned counsel appearing for the petitioner and the learned Additional Government Pleader appearing for the official respondents and expounded that the Court is aware that the special classes are being conducted in respect of 10th and 12th standard with the consent of the parents. It is the parents have to decide whether their children have to attend the special classes or not.
The Court further highlighted that the petitioner being an advocate is not an aggrieved person by the conduct of special classes by the seventh respondent school. Further, there are several schools conducting special classes all over the Tamil Nadu. However, the petitioner has filed this writ petition only targeting the seventh respondent school. Therefore, it is clear that it is not a Public Interest Litigation.
Therefore, the Court dismissed the petition as the Court found the petition as motivated one, The Court also instructed that the amount of cost shall be used either for construction of a Toilet or for purchasing a Napkin Vending Machine.
Case Details
Case:- W.P(MD)No.11363 of 2023
Petitioner:- S.Periyaraja
Respondent:- The Principal Secretary, Government of Tamil Nadu and Others
Counsel for the Petitioner - Mr.B.N.Raja Mohamed
Counsel for the Respondent – Mr.K.S.Selvaganesan
Judge: Justice M Dhandapani and Justice R Vijayakumar
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