WP.No.11781 of 2022 IN THE HIGH COURT OF JUDICATURE AT MADRAS Dated: 19.02.2025 Coram: THE HONOURABLE MRS.JUSTICE N.MALA W.P.No.11781 of 2022 and WMP.No.11240 of 2022 Suriyakumari ... Petitioner Vs. The Chief Educational Officer, Villupuram District, Villupuram. ... Respondent Writ Petition is filed under Article 226 of the Constitution of India praying to issue a Writ of Certiorarified Mandamus, call for the records relating to the impugned proceedings Na.Ka.No.4751/B4/2016 dated 13.02.2018 issued by the respondent to the petitioner and quash the same. For Petitioner : Mr.D.Ashok Kumar For Respondent : M/s.Akila Rajendran, Government Advocate Page No. 1 / 6 https://www.mhc.tn.gov.in/judis WP.No.11781 of 2022 ORDER This Writ petition has been filed for issuance of a writ of Certiorarified Mandamus, to quash the impugned order dated 13.02.2018, issued by the respondent, directing the petitioner to pay the cost of 20 laptops and 3 laptop bags that were stolen from its school. 2. The petitioner worked as Commerce Teacher in the Government Girls Higher Secondary School, Avalurpet during the period between 2015-2019. While the petitioner was in-charge as the Headmistress of the said School, on 16.10.2017, totally 163 free laptops were received by her for distribution to the students and the same were kept in the school safe custody. On receipt of the said laptops, the petitioner informed the Village Panchayat President and also requested him to arrange night security to safeguard the said laptops. The petitioner also informed the PTA President, that the laptops had to be immediately distributed to the school students. As there was no proper security in the school, the petitioner on the same day, submitted a letter to the Inspector of Police, Avalurpet Police Station, seeking police protection. On 24.10.2017, the petitioner opened the school and found that the door was opened, 20 laptops and 3 laptop bags were stolen. The petitioner therefore immediately gave a complaint to the Page No. 2 / 6 https://www.mhc.tn.gov.in/judis WP.No.11781 of 2022 Inspector of Police and a case was registered in Crime No.535 of 2017, under Sections 457 and 380 of IPC. Inspite of repeated remainders to the police officials, till date, neither the accused was found nor the case property seized. While so, to the utter shock of the petitioner, she received the impugned order dated 13.02.2018, from the respondent, directing her to pay the amounts towards the loss of laptops stolen during 2017. The petitioner aggrieved by the impugned order has filed the above writ petition for the aforesaid relief. 3. The respondent filed detailed counter stating that the petitioner being the head incharge of the school received the laptops and laptop bags. That due to the failure of the petitioner in providing due protection to the valuables of the school, and because of her due negligence, the laptops were stolen and therefore the petitioner was bound to reimburse the cost of the lost laptops and laptop bags to the respondent. The respondent further stated that, the petitioner was residing at Alampoondi Village and the distance from the residence to the school was 18 kilo meters and therefore, the petitioner in due diligence ought to have informed the Village Administrative Officer of that village and asked for his assistance for protecting the valuables at night hours. As the petitioner failed to take due Page No. 3 / 6 https://www.mhc.tn.gov.in/judis WP.No.11781 of 2022 precautions to protect the valuables, she was liable to reimburse the cost of lost laptops and laptop bags and therefore the impugned order could not be faulted. The respondent stated that the writ petition did not deserve any merit and the same was liable to be dismissed. 4. I have heard both the learned counsels and perused the records. 5. It is seen that the petitioner categorically stated in her affidavit that, she informed the President of the Village Panchayat and requested him for night security to safeguard the laptops. The petitioner out of security concern also informed PTA President to take steps to immediately disburse the laptops. She also informed the local police for protection. It is relevant to note here, that the respondents have not denied the petitioner's statement that she had taken the above steps to safeguard the valuables. The respondents only stated that the petitioner should have informed the Village Administrative Officer for assistance to protect the valuables. When the petitioner already informed the local police for protection, the fact that she did not inform the Village Administrative Officer, is of no consequence. Therefore, it cannot be stated that the petitioner was not diligent in Page No. 4 / 6 https://www.mhc.tn.gov.in/judis WP.No.11781 of 2022 safeguarding the valuables. 6. It is further pertinent to note here that the petitioner was not given any show cause notice before passing the impugned order directing the petitioner to reimburse the cost of the lost 20 laptops and 3 laptop bags. Therefore, failure to issue the show cause notice before passing the impugned order amounts to gross violation of principles of natural justice and on the said score also the impugned order cannot be sustained. In fine, I am of the view that the impugned order issued by the respondent dated 13.02.2018, cannot be sustained and the same deserves to be set aside. The impugned order is therefore set aside, writ petition is accordingly allowed. No costs. Consequently, connected WMP.No.11240 of 2022 is closed. 19.02.2025 dsn Page No. 5 / 6 https://www.mhc.tn.gov.in/judis WP.No.11781 of 2022 N.MALA, J. dsn To The Chief Educational Officer, Villupuram District, Villupuram. W.P.No.11781 of 2022 19.02.2025 Page No. 6 / 6 https://www.mhc.tn.gov.in/judis