P.SUBBAIAH Vs. CORRESPONDENT

JUDGEMENT

(1.) This second appeal has been directed against the Judgment and decree, dtd. 11/2/2021 passed in A.S.No.71 of 2019, by the Principal Sub Court, Tenkasi and the judgment and decree, dtd. 9/4/2019 passed in O.S.No.150 of 2015 by the Additional District Munsif Court, Tenkasi, are reversed.

(2.) The appellants herein as plaintiffs have instituted a suit in O.S.No.150 of 2015, on the file of the trial Court directing the defendants to pay a sum of Rs.12,500.00 to the first plaintiff and directing the defendants to pay a sum of Rs.75,000.00 as compensation to the second plaintiff, since the first plaintiff's daughter was deprived of the benefits available from the Government by creating a situation where she had to give up the game of volleyball, which has caused great distress and pain, by way of granting mandatory injunction, wherein, the respondents have been shown as the defendants.

(3.) In the plaint, it is averred that the first plaintiff, who is an practicing Advocate, is the father of the second plaintiff-Prasida, who studied upto 11th standard in the defendants-School. At the time of studying in the said School, the second plaintiff was a captain in the Volleyball team. On 23/10/2014, while the second plaintiff used to sit in the first bench, but one Teacher viz., Mary Sakila made her to sit at the back bench, without any valid reason. Further on 27/10/2014, when the prayer was held in the School, the said Teacher was talking to some other person and the children, who were in the second plaintiff's class, were also talking, due to which, the Headmaster scolded the said Teacher. For the said act, the Teacher, without any reason, had rebuked the second plaintiff with unparliamentary words, which has caused mental agony to the second plaintiff. Due to the mental agony, the second plaintiff immediately told her father/first plaintiff that she cannot continue in the School. Hence, the first plaintiff obtained Transfer Certificate from the first defendant School and joined her daughter in the Government Higher Secondary School, Alangulam. In the said Government School, there was no volleyball Team and she could not continue her sportsmanship and if she had continued to be a volleyball player, she would have got some concession by getting admission in the higher education and also get some scholarship. All these things were lost due to the action of the said Teacher Mary Sakila and inspite of the defendants were well aware about the act of the said Teacher has not taken any action against her. While the second plaintiff was studying the said School, the first plaintiff paid a sum of Rs.12,500.00 as School fees. When the first plaintiff asked for Transfer Certificate, he also prayed for the refund of the said amount, but the second defendant had stated that for receiving the said amount, he has to give a separate petition to the first defendant. The first plaintiff has also sent a petition on 3/11/2014 to the defendants, but after receiving the petition on 10/11/2014, the defendants have not refunded the said amount till date. Therefore, the first plaintiff has sent a notice, dtd. 29/11/2014, to the defendants for payment of Rs.75,000.00 as compensation for the torture and mental agony sustained by the first and second defendants and prayed for return of a sum of Rs.12,500.00, the fees paid, but the defendants, after receiving the notice on 1/12/2014, have not given any reply. Hence, the plaintiff has filed the suit for the above stated relief.