M.Senthil Sivasakthi v. The State Of Tamilnadu

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 29.04.2019

CORAM:

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN W.P.(MD)No.7314 of 2019 M.Senthil Sivasakthi Velmurugan ... Petitioner Vs.

1. The State of Tamilnadu, Represented by the Principal Secretary, Department of School Education, Fort St. George, Chennai - 600 009.

2. The Director of School Education, DPI Complex College Road, Chennai - 600 006.

3. The Chief Educational Officer, Kokkirakulam, Tirunelveli - 627 009.

4. The Chief Educational Officer, Panagal Building 1st Floor, Saidapet, Chennai - 600 015.

5. The Principal, ORGN Government Boys Higher Secondary School, TVK Street, Redhills, Chennai - 600 052.

... Respondents PRAYER: Writ Petition is filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing the respondents to rectify the erratum of the father's name made in the school mark statement of S.Vignesh to make correction in the name of the father to Senthil Sivasakthi Velmurugan instead of M.Arul Murugan by considering the petitioner's representation dated 06.02.2019 within the time stipulated by this Court. For Petitioner : Mr.R.Alagumani For R-1 to R-4 : M/s.S.Srimathy, Special Government Pleader.

O R D E R

Heard the learned counsel on either side.

2. When the matter was taken up for hearing, the learned Special Government Pleader pointed out that this Court would not have the territorial jurisdiction to entertain this Writ petition.

3. I am of the view that this is a technical objection and considering the fact that the petitioner is residing in Tirunelveli District, this Court can give direction. The Writ petitioner and his wife are not living together. The Writ petitioner's son Vignesh has studied up to 12th Standard in the fifth respondent school. He was then residing with his aunt. But in the Transfer Certificate as well as in the Mark Statement, the petitioner's name has been mentioned as S.Arul Murugan instead of M.Senthil Sivasakthi Velmurugan. Therefore, the petitioner wants the corrected certificates to be issued.

4. The Writ petitioner shall approach the fifth respondent in person and provide a copy of this order. The Writ petitioner shall be accompanied by his son Vignesh. If the fifth respondent is satisfied with all the relevant materials, the fifth respondent shall make appropriate corrections in the Transfer Certificate of the petitioner's son Vignesh. Thereafter, the petitioner shall make a fresh application to the second respondent based on the corrected Transfer Certificate issued by the fifth respondent. The second respondent shall issue the corrected certificate within a period of six weeks from the date of receipt of such application.

5. The Writ petition stands allowed, accordingly. No costs. sd/ Assistant Registrar(CS-III) /True Copy/ Sub Assistant Registrar(CS-IV) To

1. The Principal Secretary, Department of School Education, Fort St. George, Chennai - 600 009.

2. The Director of School Education, DPI Complex College Road, Chennai - 600 006.

3. The Chief Educational Officer, Kokkirakulam, Tirunelveli - 627 009.

4. The Chief Educational Officer, Panagal Building 1st Floor, Saidapet, Chennai - 600 015.

5. The Principal, ORGN Government Boys Higher Secondary School, TVK Street, Redhills, Chennai - 600 052.

+1 CC to SPL GP ( SR-65041[F] dated 02/05/2019 ) W.P.(MD)No.7314 of 2019 29.04.2019 pmu MK/SAR 4 (14.05.2019) 3P 7C