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Madras High CourtWA(MD)/340/2017dismissed

Gomathi, v. The Chief Educational Officer,

2017-04-06Honourable Mr Justice T. S. Sivagnanam,Honourable Mr Justice P. Velmurugan2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 06.04.2017

CORAM:

THE HONOURABLE MR.JUSTICE T.S.SIVAGNANAM AND THE HONOURABLE MR.JUSTICE P.VELMURUGAN W.A.[MD].No.340 of 2017 and C.M.P.(MD).No.3332 of 2017 Gomathi : Appellant Vs.

1. The Chief Educational Officer, Trichy District, Trichy.

2. The District Educational Officer, Lalgudi, Trichy District.

3. The Headmaster, Government Higher Secondary School, Karattampatti, Trichy District.

: Respondents PRAYER: Writ Appeal is filed under Clause 15 of the Letters Patent against the order dated 03.11.2016 made in W.P.(MD).No.17457 of 2016, on the file of this Court.

Prayer in WP(MD). 17457/ 2016 :

Writ Petition is filed under Article 226 of the Constitution of India, praying this Court to issue a Certiorarified Mandamus call for the records pertaining to the impugned order of the 1st respondent dated 02.09.2016 vide his proceedings in Na.Ka.No.4857/Aa3/2016 and quash the same as illegal and violation of principles of natural justice, consequently directing the respondents to drop all further proceedings pertaining to the allegations levelled against the petitioner in the impugned order. For Appellant : Mr.T.Antony Arul Raj For Respondents : Mr.V.Muruganantham Additional Government Pleader

JUDGMENT

************* [Judgment of the Court was delivered by T.S.SIVAGNANAM, J.] https://hcservices.ecourts.gov.in/hcservices/ Heard Mr.T.Antony Arul Raj, learned counsel appearing for the appellant and Mr.V.Muruganantham, learned Additional Government

Pleader appearing for the respondents. By consent, the Writ Appeal is taken up for final disposal at the stage of admission itself.

2. The Writ Appeal is directed as against the order dated 03.11.2016, made in W.P.(MD).No.17457 of 2016, declining to extend the interim order of status-quo. The order impugned in the Writ Petition is an order of transfer. The learned Single Judge, while declining to extend the order of status-quo, recorded that certain proposals have been discussed in the Court and the learned Additional Government Pleader wanted to get instructions from the authorities concerned.

3. In the light of the above discussion, the order of statusquo was not extended. We find no reason to interfere with the order passed by the learned Single Judge, more so, due to the lapse of time. Therefore, the Writ Appeal is dismissed. However, the dismissal of this Writ Appeal will not prejudice the rights of the appellant/Writ Petitioner to canvass all the points in the pending Writ Petition, if so advised. No costs. Consequently, connected Miscellaneous Petition is closed.

Sd/- Assistant Registrar (CS-II) /True Copy/ Sub Assistant Registrar To

1. The Chief Educational Officer, Trichy District, Trichy.

2. The District Educational Officer, Lalgudi, Trichy District.

3. The Headmaster, Government Higher Secondary School, Karattampatti, Trichy District.

+ 1 CC TO Mr.T.ANTONY ARUL RAJ, ADVOCATE IN SR No. 50859 NB TE/SV-MMS : 18/04/2017 : 2P/5C JUDGMENT MADE IN W.A.[MD].No.340 of 2017 and C.M.P.(MD).No.3332 of 2017 06.04.2017 https://hcservices.ecourts.gov.in/hcservices/