P.Victor Selvaraj v. T.Selvalatha Ramona

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 21.03.2024

CORAM:

THE HONOURABLE MR.JUSTICE D.KRISHNAKUMAR AND THE HONOURABLE MR.JUSTICE R.VIJAYAKUMAR W.A.(MD)No.339 of 2024 & W.P.(MD)No.3045 of 2024 and C.M.P.(MD)No.3130 of 2024 & W.M.P.(MD)Nos.3023 & 3024 of 2024 W.A.(MD)No.339 of 2024 P.Victor Selvaraj ... Appellant -Vs1.T.Selvalatha Ramona 2.The Chief Educational Officer, 3.The District Educational Officer, 4.Rev.Baskar Kanagaraj 5.Manager, TDTA High, Higher Secondary and Special Schools, Tirunelveli.

6.Nelson Durai Deivamani ... Respondents PRAYER: Appeal filed under Clause 15 of Letters Patent, praying this Court to set aside the order dated 12.02.2024 passed in W.M.P.(MD)No.3024 of 2024 in W.P.(MD)No.1020 of 2024 on the file of this Court.

For Appellant : Mr.S.Chellapandian For R1 : Mr.K.K.Udhayakumar For R2 & R3 : Mr.D.Sadiq Raja, Additional Government Pleader For R4 & R5 : Mr.P.P.Alwin Balan, Standing Counsel W.P.(MD)No.3045 of 2024 T.Selva Latha Ramona ... Appellant -Vs1.The Chief Educational Officer, 2.The District Educational Officer, 3.Rev.Baskar Kanagaraj 4.Manager, TDTA High, Higher Secondary and Special Schools, CSI Tirunelveli Diocese, Tirunelveli.

5.P.Victor Selvaraj 6.Nelson Durai Deivamani ... Respondents PRAYER: Petition filed under Article 226 of Constitution of India, praying this Court to issue a Writ of Mandamus, directing the respondents 6 and 5 to issue relieving order and send the transfer proposal respectively to the 2nd respondent and consequently, directing the 2nd respondent to approve the same within a time frame fixed by this Court.

For Petitioner : Mr.K.K.Udhayakumar For R1 & R2 : Mr.D.Sadiq Raja, Additional Government Pleader For R4 : Mr.P.P.Alwin Balan, Standing Counsel For R5 & R6 : Mr.S.Chellapandian

JUDGMENT

[Judgment of the Court was delivered by D.KRISHNAKUMAR, J.] After elaborate arguments, the learned counsel appearing for both parties agreed that the issue involved in this matter for giving effect to the transfer order is to be enquired by the educational authority and appropriate decision would be taken in this regard.

2.In view of the same, we direct the appellant Management to place all the proposals and materials before the District Educational Officer, Tirunelveli District, Tirunelveli, within a period of one week from the date of receipt of a copy of this order and in the meantime, the writ petitioner is at liberty to submit her objections if any before the District Educational Officer, Tirunelveli District, Tirunelveli,. On receipt of the same, the District Educational Officer, Tirunelveli District, Tirunelveli, is directed to consider the proposals as well as the objections

of the writ petitioner and take appropriate decision on merits and in accordance with law within a period of two weeks thereafter. 3.With the above directions, this Writ Appeal and this Writ Petition are disposed of. No costs. Consequently, connected miscellaneous petitions are closed.

[D.K.K., J.] & [R.V., J.] 21.03.2024 NCC : Yes / No Index : Yes / No Internet : Yes / No Yuva To 1.The Chief Educational Officer, 2.The District Educational Officer,

D.KRISHNAKUMAR, J.

AND R.VIJAYAKUMAR , J.

Yuva W.A.(MD)No.339 of 2024 & W.P.(MD)No.3045 of 2024 21.03.2024