A.Anburosy, D/O.Amalraj, v. The District Collector,
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 20.06.2016
CORAM:
THE HONOURABLE MR.JUSTICE M.VENUGOPAL W.P.(MD)No.10766 of 2016 A.Anburosy ... Petitioner Vs.
1. The District Collector, Trichy District, Trichy.
2. The District Educational Officer, Trichy District, Tricy.
3. The Head Master, Government Aathi Thiravida Nala Higher Secondary School, Thiruvasi Village, Manachanallur Taluk, Trichy District.
... Respondents PRAYER: Writ Petition is filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus directing the respondents to issue the school transfer certificates of petitioner's son to her.
For Petitioner : Mr.M.Pitchai Muthu For R1 and R2 : Mr.V.Muruganandam Additional Govt. Pleader
O R D E R
Heard both sides.
2. By consent, the main Writ Petition itself is taken up for final disposal.
3. It comes to be known that the petitioner's husband is affected with H.I.V. disease. Also, it appears that there is some marital discard between the petitioner and her husband. She has left the matrimonial home along with her sons and she is living
with her sons in a father's house and taking care of the welfare of the children. Moreover, she has decided to admit her sons in a new school which is nearer to the present residence.
4. The grievance of the petitioner is that without obtaining transfer certificates of her sons, their future education will be in question. Therefore, she has approached the third respondent for issuance of transfer certificates and also made a written representation on 10.06.2016. Soon after receipt of the representation dated 10.06.2016, so far no action has been taken by the respondents 1 and 2 in the subject matter in issue.
5. The prime plea taken on behalf of the petitioner is that the third respondent had abused her and her sons and also demanded Rs.20,000/- for issuance of transfer certificates.
6. Now, the learned Additional Government Pleader appearing for the respondents 1 and 2 informs this Court that the third respondent/Head Master, Government Aathi Thiravida Nala Higher Secondary School, Thiruvasi Village, Manachanallur Taluk, Trichy District, is ready to issue the transfer certificates of the petitioner's sons. The learned Additional Government Pleader denies the averment made against the third respondent as regards the demand of money.
7. In view of the above, this Court directs the third respondent/ Head Master, Government Aathi Thiravida Nala Higher Secondary School, Thiruvasi Village, Manachanallur Taluk, Trichy District, to issue the transfer certificates of petitioner's son within a period of three days from the date of receipt of a copy of this order.
8. With the aforesaid observation and direction, the Writ Petition stands disposed of. No costs.
Sd/- Assistant Registrar (CS-I) /True Copy/ Sub Assistant Registrar akv To
1. The District Collector, Trichy District, Trichy.
2. The District Educational Officer, Trichy District, Tricy.
3. The Head Master, Government Aathi Thiravida Nala Higher Secondary School, Thiruvasi Village, Manachanallur Taluk, Trichy District.
+1CC to Mr.M.Pitchai Muthu, Advocate Sr.No.31369 +1CC to Spl.Government Pleader Sr.No.31707 GJM/DB/27.6.16-3p-6c W.P.(MD)No.10766 of 2016 20.06.2016