J.P.Kumuthavalli v. The Secretary To The Government

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 08.06.2026

CORAM

THE HONOURABLE MR JUSTICE MUMMINENI SUDHEER KUMAR and W.M.P.(MD)No.6031 of 2026 J.P.Kumuthavalli .. Petitioner Vs.

1.The Secretary to the Government Education Department, St. George Fort, Chennai - 600 009.

2.The Chief Educational Officer, Tirunelveli District.

3.The District Educational Officer (Primary Schools), Valliyur Block, Tirunelveli District.

4.Rose Sudha (Head mistress) .. Respondents (R4 is impleaded vide Court order dated 24.03.2026 in W.M.P.(MD)No.6601 of 2026 in W.P.(MD)No.7361 of 2026 by MSKJ) 1/6

Prayer : Writ Petition is filed under Article 226 of the Constitution of India, to issue a Writ of Certiorarified Mandamus, calling for the records relating to the impugned proceedings of the 3rd respondent passed in Na.Ka. No.0544/A3/2026 dated 09.03.2026 and consequential relieving order in Na.Ka.No.126/E1/2026 dated 09.03.2026 and quash the same as illegal and direct the respondent to retain the petitioner as Headmistress in the Moolakaraipatti Panchayat Union Primary School. For Petitioner : Mr.Arivalagan S, Advocate For R1 to R3 : Mr.K.K.Udaya Kumar, Counsel for Government

ORDER

The present petition has been filed seeking a writ of certiorarified mandamus to quash the impugned proceedings of the 3rd respondent passed in Na.Ka.No.0544/A3/2026 dated 09.03.2026 and consequential relieving order in Na.Ka.No.126/E1/2026 dated 09.03.2026, and consequently direct the 3rd respondent to retain the petitioner as Headmistress of Moolakaraipatti Panchayat Union Primary School.

2. Heard Mr.S.Arivalagan, learned counsel for the petitioner, and Mr.K.K.Udaya Kumar, learned counsel for Government appearing for respondents 1 to 3.

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3. This Court, while entertaining the writ petition, by order dated 18.03.2026, directed the respondents to maintain status quo prevailing as on that date. As of today, the fourth respondent is working as Headmistress of Moolakaraipatti Panchayat Union Primary School, Nangunery Block, Tirunelveli District. The fourth respondent was transferred to the said school from Munanjipatti Panchayat Union Primary School. Though notice was ordered to the 4th respondent, the same is yet to be served.

4. According to the learned counsel for the petitioner, by virtue of the interim order of status quo passed by this Court, the petitioner is not working in any post. According to the learned counsel for the petitioner, the school to which the petitioner has now been transferred is situated at a distance of about 80 kilometers and that the petitioner is due to retire shortly. Therefore, it is difficult for the petitioner to join duty at Vilvanampudhur Panchayat Union Primary School, Valliyur Union.

5. The learned counsel for the petitioner further submitted that the post from which the fourth respondent was transferred to Moolakaraipatti Panchayat Union Primary School is still vacant and that no one has been 3/6

posted there. The petitioner is willing to join in the said vacancy instead of joining at Vilvanampudhur Panchayat Union Primary School, Valliyur Union.

6. If that be the case, it is for the petitioner to make an appropriate request to the third respondent requesting modification of the transfer order dated 09.03.2026.

7. In the light of the above, without going into the validity of the impugned proceedings, the petitioner is granted liberty to submit a representation to the third respondent requesting modification of impugned transfer order dated 09.03.2026, with a request to transfer the petitioner to Munanjipatti Panchayat Union Primary School instead of Vilvanampudhur Panchayat Union Primary School.

8. In the result, this Writ Petition is disposed of granting liberty to the petitioner to submit a representation to the third respondent within a period of one week from the date of receipt of a copy of this order, requesting for such modification of the impugned transfer order. In the event of such a 4/6

representation being submitted by the petitioner within the stipulated time, the third respondent shall consider the same and examine the feasibility of modifying the impugned transfer order and posting the petitioner at Munanjipatti Panchayat Union Primary School as expeditiously as possible, preferably within a period of ten (10) days from the date of submission of representation by the petitioner. No costs. Consequently, the connected Writ Miscellaneous Petition is closed.

08.06.2026 Index:Yes/No Speaking Order :Yes/No Note : Issue order copy on 09.06.2026.

mkn To 1.The Secretary to the Government Education Department, St. George Fort, Chennai - 600 009.

2.The Chief Educational Officer, Tirunelveli District.

3.The District Educational Officer (Primary Schools), Valliyur Block, Tirunelveli District.

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MUMMINENI SUDHEER KUMAR , J.

mkn and W.M.P.(MD)No.6031 of 2026 08.06.2026 6/6