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Madras High CourtWP(MD)/15183/2021allowed

Minor. Jeydharmena C v. The Principal Secretary To Govt. Of Tamil Nadu

2021-12-13Honourable Mr Justice C.V. Karthikeyan3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 13.12.2021

CORAM

THE HONOURABLE MR.JUSTICE C.V.KARTHIKEYAN W.P(MD).No.15183 of 2021 1.Minor.C.Jeydharmena 2.Minor.P.C.Srishashini Minors are represented by their mother and natural guardian, Smt.Dhanalakshmi ... Petitioners Vs.

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

2.The Director of Matriculation Schools, DPI Campus, College Road, Chennai-600 006.

3.The Chief Educational Officer, Panagal Building, Opp, Jupiter Theatre, Thanjavur-613 001.

4.The District Educational Officer, Kamatchi Joshiyar Street, Karna Kollai Agraharam, Kumbakonam-612 001, Thanjavur District.

5.The Principal/Correspondant, Christ The King Girls Matriculation Higher Secondary School, Rajapandiyan Nagar, Kumbakonam-612 001, Thanjavur District.

6.P.D.Chandrasekara Raja

...Respondents

Prayer : Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus, directing the fifth respondent to issue TC and other testimonials intended for the minor petitioners viz., C.Jeydharmena and P.C.Srishashini by 1/3

considering the petitioners' representations dated 28.07.2021 within a time frame to be stipulated by this Coourt. For Petitioner : Mr.A.Suwathieswaran For R1 to R4 : Mr.S.Shanmugavel Additional Government Pleader For R5 : Mr.Bharath Nachiappan For R6 : Mr.B.Anandan

ORDER

The writ petition has been filed in the nature of Mandamus, seeking for a direction against the fifth respondent/Principal/Correspondent, Christ The King Girls Matriculation Higher Secondary School, Kumbakonam, Thanjavur District, to issue the Transfer Certificate and all other testimonials for the petitioners, C.Jeydharmena and P.C.Srishashini, who have now decided and shifted their education from Kumbakonam to Rajapalayam in Virudhunagar District.

2.Let me not enter into a detailed discussion because, primarily there is some issue between the mother and father of the two young children and it is fervently hoped that, both the parents would resolve the issues and take a decision keeping in mind the welfare of their two children and also ensure that at least insofar as their relationship and the relationships by them with the children is guided by sensible and sensibility and not with pride and prejudice. The parents must ensure that the future of the children is of utmost importance. It is now for the children to live a life in future with purpose. School education is of paramount importance and owing to their difference, the children have to be shifted from Kumbakonam, Thanjavur District to Rajapalayam in Virudhunagar District. For shifting of the schools, Transfer Certificate is required from the school namely, fifth respondent school in Kumbakonam, Thanjavur District.

3.I would direct the fifth respondent to issue the Transfer Certificate and all other testimonials within a period of five working days from the date of receipt of a copy of this order and thereafter, I hope that the education of the children would not be affected by the transfer of the schools and also hope that their parents would resolve the issues and live amicably and hopefully together once again.

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4.With the above observations, the Writ Petition is allowed. No costs.

Sd/- Assistant Registrar (T&P) // True Copy // / /2021 Sub Assistant Registrar(CS) sn Note : In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate/litigant concerned.

To 1.The Principal Secretary to Government of Tamil Nadu, School Education Department, St.George Fort, Chennai-600 009.

2.The Director of Matriculation Schools, DPI Campus, College Road, Chennai-600 006.

3.The Chief Educational Officer, Panagal Building, Opp, Jupiter Theatre, Thanjavur-613 001.

4.The District Educational Officer, Kamatchi Joshiyar Street, Karna Kollai Agraharam, Kumbakonam-612 001, Thanjavur District.

+1CC TO MR.A.SIVAJI, ADVOCATE SR 38561 +1CC TO THE SPL GOVT PLEADER SR 38627 MGJ 15/12/2021 3P/7C W.P(MD).No.15183 of 2021 13.12.2021 3/3