The Correspondent, vs The State of Tamil Nadu Repr

Court
Madras High Court

WP(MD) No. 30527 of 2026
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 27-10-2026
CORAM
THE HON'BLE MRS JUSTICE L.VICTORIA GOWRI
WP(MD) No. 30527 of 2026
& WMP(MD) No. 23350 & 23351 of 2026
CNR:{HCMD011517882026}
The Correspondent,
Nirmala Institute of Technology,
Manalikarai - 629 164,
Kanyakumari District.
..Petitioner(s)
Vs
1. The State of Tamil Nadu
Represented by its Secretary
Department of Employment and Training,
Fort St. George, Chennai - 600 009.
2. The Director of Employment and Training,
Thiru Vi.Ka. Industrial Estate,
Guindy, Chennai - 600 032.
3. The Regional Joint Director of Training,
NGO Colony, Perumalpuram post,
Tirunelveli - 627 007.
..Respondent(s)
PRAYER: Writ Petition filed under Article 226 of the Constitution of
India, praying this Court to issue a Writ of Certiorari, calling for the
records relating to the impugned proceedings issued by the 2nd
respondent Director of Employment and Training in Na.Ka. No.
43058/Ko.Mu.5/2015 dated 20.08.2026, and the consequent proceeding
issued by the 3rd respondent Regional Joint Director of Training in
Na.Ka. No. 523/KaiPa/2021 dated 10.09.2026, QUASH THE SAME, and
pass such further or other suitable Order / Orders as this Honble Court
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WP(MD) No. 30527 of 2026
may deem fit and proper in the circumstances of the case, and thus render
Justice.
For Petitioner(s): Mr. S.Xavier Rajini
M/s Bavanaash V A
For Respondent(s): M/s.Dinesh Hari Sudharsan
Additional Government Pleader
ORDER
This writ petition has been filed challenging the impugned
nd
proceedings issued by the 2 respondent in
Na.Ka.No.43058/Ko.Mu.5/2015 dated 20.08.2026, and the consequent
rd
proceedings issued by the 3 respondent in Na.Ka.No.523/KaiPa/2021
dated 10.09.2026.
2. The learned counsel appearing for the petitioner submitted that
petitioner institution is one among the numerous educational institutions
administered by the Provincial of Tamil Nadu Carmelite, a minority
educational institution, which was established in the year 1965. 125
students are studying in the petitioner institution. 12 instructors and 20
non-instructors are working in the petitioner institution. It is an aided
institution, where the State Government sanctioned free laptops to the
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WP(MD) No. 30527 of 2026
students for the purpose of education. During the academic year 2014–
2015, 41 laptops remained undistributed to the students and were kept in
a locked room within the institution. The government thereafter
sanctioned another 114 free laptop to the institution during the academic
year 2015-2016 and the same were also kept along with 41 laptops for
distribution to the students.
3. It was further submitted that unfortunately, on 21.09.2015 at
about 11 p.m., unknown persons have taken 11 laptops out of 41 laptops,
following which the Principal of the petitioner College had lodged a
complaint before the Sub-Inspector of police, Kotticode Police Station,
Kanyakumari District, and a case in Crime No.211 of 2015 was also
registered. The same culminated in filing a charge sheet in CC No.39 of
2019 on the file of the learned Judicial Magistrate No.I,
Padmanabhapuram, Kanyakumari District.
4. On 23.01.2026, one among the two accused was acquitted on
probation and as far as the accused No.1, this case was closed as abated,
since he died on 15.08.2024. Immediately, the petitioner institution
sought for return of three laptops by filing a petition before the learned
Judicial Magistrate No.I, Padmanabhapuram, Kanyakumari District, in
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WP(MD) No. 30527 of 2026
Crl.MP.No.10905 of 2016 in CC No.39 of 2019, which was recovered
during investigation by the police and vide an order dated 24.09.2026, the
same was directed to be returned to the petitioner institution.
5. The second and third respondents sought for information
regarding the pendency of the case, for which the petitioner had duly
intimated the status of the same. Thereafter, the second respondent vide
proceedings dated 21.07.2026 issued memo directing the petitioner to
remit the amount of 11 laptops in the Government account and the
petitioner sought for time for giving full details. The second respondent
vide impugned proceedings dated 20.08.2026, further directed the
petitioner to remit a sum of Rs.1,81,720/- for the 11 laptops. On
10.08.2026, the petitioner intimated the second respondent regarding the
acquittal in the criminal case and the status of return of property.
However, in the meanwhile, the third respondent also directed the
petitioner to remit a sum of Rs.1,81,720/- in the government account for
11 laptops, and on failure, the said amount would be reduced from the
aid, to which the institution is eligible vide impugned proceedings dated
10.09.2026.
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WP(MD) No. 30527 of 2026
6. On 30.09.2026, the petitioner intimated the respondents 1 & 2
regarding the return of three laptops by the Judicial Magistrate No.I,
Padmanabhapuram, Kanyakumari District and requested not to take any
action for the reason that the police could not trace the remaining laptops.
However, the respondents 1 & 2, without heeding to the petitioner’s
request, repeatedly continued to direct the petitioner to remit the said
sum. Hence, this writ petition came to be filed.
7. The learned Additional Government Pleader submitted that the
petitioner, being an institution receiving grant-in-aid from the
Government, is vicariously liable for the valuable articles entrusted to it
for the benefit of the students. Hence, the petitioner cannot, as a matter of
right, seek for modification of the impugned orders, which have been
issued pursuant to the theft of 11 laptops from the institution and hence,
there is no infirmity in the same and sought for dismissal of this petition.
8. Heard the learned counsel on either side and carefully produced
the materials available on record.
9. A careful perusal of the materials available on record would
make it clear that the petitioner had already received three laptops, which
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WP(MD) No. 30527 of 2026
have been recovered by the police in the process of investigation.
However, it seems that the investigation agency had failed to recover 8
laptops sofar. Under such circumstances, the request of the petitioner’s
counsel that the respondents 1 and 2 shall be directed not to insist the
payment of Rs.1,81,720/- cannot be heeded to.
10. I don’t find any infirmity in the impugned order, since it is the
considered opinion of this Court that an educational institution ought to
have exercised due diligence in upkeep of the laptops which were
distributed by the government in trust for the benefit of the students.
Having failed to do so, the petitioner institution cannot seek to avoid its
consequences.
11. However, the impugned order is modified to the extent that the
petitioner institution shall be liable to account for the remaining eight
laptops that have not yet been recovered. The petitioner institution is
directed to distribute the three recovered laptops to the students for whose
benefit they were supplied. If any of the recovered laptops is found to be
in an unworkable condition, the same shall be returned to the
Government, which shall arrange for its replacement with a new laptop.
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WP(MD) No. 30527 of 2026
12. Accordingly, this writ petition stands disposed of. No costs.
Consequently, connected miscellaneous petitions are closed.
27-10-2026
Index: Yes/No
Speaking/Non-speaking order
Neutral Citation: Yes/No
SM
To
1. The Secretary
Department of Employment and Training,
Fort St. George,
Chennai - 600 009.
2. The Director of Employment and Training,
Thiru Vi.Ka. Industrial Estate,
Guindy, Chennai - 600 032.
3. The Regional Joint Director of Training
NGO Colony,
Perumalpuram post,
Tirunelveli - 627 007.
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WP(MD) No. 30527 of 2026
L.VICTORIA GOWRI, J.
SM
WP(MD) No. 30527 of 2026
27-10-2026
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