K.V.Manimegalai v. Mariyam Beevi

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 06.06.2022

CORAM:

THE HONOURABLE MR.JUSTICE S.S.SUNDAR AND THE HONOURABLE MRS.JUSTICE S.SRIMATHY and C.M.P.(MD) No.4225 of 2022 Against WP(MD) No.4811 of 2022 K.V.Manimegalai ... Appellant/Respondent No.4 Vs.

1.Mariyam Beevi ... 1st Respondent/Petitioner 2.The Block Educational Officer, DEO Office, Melur, Madurai District.

3.The Chief Educational Officer, Chief Educational Office, Thallakulam, Madurai.

4.The Director of Matric Schools, DPI Campus College Road, Chennai - 600 006.

5.The Correspondent, Jazz Public (Matric) School, Alagarkovil Road, Melur, Madurai District.

6.The Principal Jazz Public (Matric) School, Alagarkovil Road, Melur, Madurai District.

... Respondents 2 to 6/ /Respondents 1,2,3,5 & 6 Prayer: Writ Appeal filed under Clause 15 of the Letters Patent, to set aside the order dated 13.04.2022 in W.P(MD)No.4811 of 2022 and allow the Writ Appeal.

Prayer in WP(MD). 4811 of 2022 :

Writ Petition is filed under Article 226 of the Constitution of India, for issuance of a Writ of Mandamus, to direct the 4th respondent to return the original certificates of the Page 1/3

petitioner's daughter Subanu Begam based on her representation dated 30.10.2021 and consequently to direct the 5th and 6th respondents to permit the petitioner's daughter to write the 12th Standard Public examination.

For Appellant : Mr.S.Ramasamy For Respondents 2 to 4 : Mr.A.Kannan Additional Government Pleader

JUDGMENT

(Judgment of the Court was delivered by S.S.SUNDAR,J.) Learned counsel for the appellant submits that pursuant to the order passed in the writ petition, the appellant has issued the transfer certificate to the writ petitioner and her daughter has written the +2 examinations.

2.Though the prayer in the writ petition has become infructuous, learned counsel for the appellant submits that the school is unable to collect the fees, which is due from the student. He further submits that the writ petitioner/first respondent has undertaken earlier to pay the fees and to collect the transfer certificate, but, suppressing the undertaking given by her, she has obtained the order in the writ petition.

3.While dismissing the Writ Appeal as infructuous, we give liberty to the appellant to collect the fees, which is due in any other mode, which is proper and legal. No Costs. Consequently, connected Miscellaneous Petition is also dismissed. Sd/- Assistant Registrar (AD II) // True Copy // / /2022 Sub Assistant Registrar(CS) sj To 1.The Block Educational Officer, DEO Office, Melur,Madurai District.

2.The Chief Educational Officer, Chief Educational Office, Thallakulam,Madurai.

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3.The Director of Matric Schools, DPI Campus College Road, Chennai - 600 006.

+1 CC to M/s.S.RAMASAMY, Advocate ( SR-24323[F] dated 06/06/2022 ) 06.06.2022 MGJ(09.06.2022) 3P 5C Page 3/3