Manikumar v. The Superintendent Engineer
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 16.10.2023
CORAM
THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH W.P.(MD)No.5634 of 2021 and W.M.P(MD)No.4471 of 2021 Manikumar
...Petitioner
/Vs./ 1.The Superintendent Engineer, Madurai Distribution Circle-Madurai Metro., Tamil nadu Generation and Distribution Corporation (TANGEDCO), Madurai.
2. The Assistant Executive Engineer, Distribution Circle - Madurai Metro, Tamil Nadu Generation and Distribution Corporation, (TANGEDCO), K.Pudur, Madurai.
3.The District Educational Officer, Madurai, Madurai District.
4. The Headmaster, The American College Higher Secondary School, Tallakulam Madurai.
.
...Respondents
PRAYER:- Petition - filed under Article 226 of the Constitution of India, to issue a Writ of mandamus directing the 4th respondent to rectify the Petitioner's 10th standard Transfer Certificate by changing the community of the Petitioner 1/6
as Hindu Agamudiyar as per the community Certificated No.12535298 and issue the same to the petitioner at the earliest For Petitioners : Mr.V.Kannan For R1 & R2 : Mr.S.Dheenadhayalan For R3 : Mr.P.Thambidurai Government Advocate For R4 : Mrs.M.Parameswari
ORDER
The petitioner, who was studying in the fourth respondent Aided school has approached this Court seeking for a direction to the respondents to rectify the 10th standard transfer certificate that was issued to the petitioner by mentioning the community of the petitioner as 'Hindu Agamudiyar'. 2.
Heard Mr.V.Kannan, learned counsel for the petitioner, Mr.S.Dheenadhayalan, learned counsel for the respondents 1 and 2, Mr.P.Thambidurai, learned Government Advocate for the third respondent and Mrs.M.Parameswari, learned counsel for the fourth respondent.
3. The specific case of the petitioner is that he belongs to the Hindu Agamudiyar community. To substantiate the same, the petitioner has also 2/6
produced his community certificate, school certificates of his father and mother and the community certificate of his brother.
4. The grievance of the petitioner is that his community in transfer certificate that was issued by the fourth respondent was wrongly mentioned as 'Parayan'. The petitioner wanted this mistake to be rectified and accordingly, made a representation to the 3rd and 4th respondents on 05.03.2021. Since the same was not acted upon, the present writ petition has been filed before this Court.
5. The learned counsel appearing on behalf of the respondents 1 to 3 submitted that the fourth respondent is an Aided school and hence, if a representation is made by the petitioner to the fourth respondent along with all the relevant documents, the same will be acted upon and rectification will be made.
6. Taking into consideration the facts and circumstances of the case and the materials available on record, there shall be a direction to the petitioner to make a fresh representation to the fourth respondent along with all the relevant documents and also with a copy of this order. The fourth respondent shall 3/6
consider the representation and shall carry out necessary correction in the Transfer certificate by mentioning the community of the petitioner as 'Hindu Agamudiyar' based on the community certificate issued to the petitioner and his family members. This process shall be completed by the fourth respondent within a period of six weeks from the date of receipt of a copy of this order.
7. This writ petition is disposed with the above directions. No costs. Consequently, connected miscellaneous petition is closed. 16.10.2023 NCC : Yes/No Internet :Yes/No Index :Yes/No sm 4/6
To:- 1.The Superintendent Engineer, Madurai Distribution Circle-Madurai Metro., Tamil nadu Generation and Distribution Corporation (TANGEDCO), Madurai.
2. The Assistant Executive Engineer, Distribution Circle - Madurai Metro, Tamil Nadu Generation and Distribution Corporation, (TANGEDCO), K.Pudur, Madurai.
3.The District Educational Officer, Madurai, Madurai District.
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N.ANAND VENKATESH, J.
sm Order made in W.P.(MD)No.5634 of 2021 Dated:
16.10.2023 6/6