P.Balamurugan, S/O.Palanichamy v. The State Of Tamil Nadu

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 16.03.2017

CORAM

THE HONOURABLE MR.JUSTICE S.S.SUNDAR W.P.(MD).No.4440 of 2017 P.Balamurugan ..Petitioner Vs.

1.The State of Tamil Nadu, Rep. by the Principal Secretary to Government, Department of School Education, Fort St. George, Chennai-09.

2.The Director of Elementary Education, O/o. Director of Elementary Education, 3.The Joint Director of Elementary Education, O/o. Joint Director of Elementary Education, 4.The District Elementary Educational Officer, O/o. The District Elementary Educational Officer, Villupuram District.

5.The District Elementary Educational Officer, O/o. The District Elementary Educational Officer, Tirunelveli District.

..Respondents PRAYER : Writ petition filed under Article 226 of the Constitution of India to issue a Writ of Mandamus, to direct the Respondent No.1 to 5 to consider the claim of the petitioner for request transfer to Panchayat Union Elementary School, Chockalingapuram, Melaneelithanaloor Panchayat Union, Sankaran Kovil Taluk, Tirunelveli District or any other Government Elementary School at Tirunelveli District within the time stipulated by this Court. For Petitioner : Mr.T.Lajapathi Roy For Respondents : Mr.C.Selvaraj Special Government Pleader

O R D E R

This Writ petition has been filed by the petitioner for issuance of a Writ of Mandamus, directing the respondents 1 to 5 to consider the claim of the petitioner for request transfer to Panchayat Union Elementary School, Chockalingapuram,

Melaneelithanaloor Panchayat Union, Sankaran Kovil Taluk, Tirunelveli District or any other Government Elementary School at Tirunelveli District within the stipulated time.

2. Heard the learned counsel appearing for the petitioner and learned Special Government Pleader appearing for the respondents.

3. Mr.C.Selvaraj, learned Special Government Pleader, takes notice for the respondents. By consent, the Writ petition itself is taken up for final disposal.

4. Though the learned counsel for the petitioner substantiated the genuineness of the claim of the petitioner, this Court is not in a position to issue direction to the respondents, as the petitioner has not even enclosed any copy of the representation or claim made earlier to the respondents addressing his grievance.

5. In the said circumstances, this Court is inclined to pass the following direction:- "The petitioner is directed to submit an application/representation to the respondents 2 and 3 within a period of four weeks from the date of receipt of a copy of this order. On receipt of the said representation from the petitioner, the respondents 2 and 3 shall consider and pass appropriate orders on merits and in accordance with law, within a period of eight weeks from the date of receipt of a copy of this order."

6. Accordingly, the Writ petition is disposed of. No costs. Sd/- Assistant Registrar /True copy/ Sub Assistant Registrar To 1.The State of Tamil Nadu, Rep. by the Principal Secretary to Government, Department of School Education, Fort St. George, Chennai-09.

2.The Director of Elementary Education, O/o. Director of Elementary Education,

3.The Joint Director of Elementary Education, O/o. Joint Director of Elementary Education, 4.The District Elementary Educational Officer, O/o. The District Elementary Educational Officer, Villupuram District.

5.The District Elementary Educational Officer, O/o. The District Elementary Educational Officer, Tirunelveli District.

+1cc to M/S.T.LAJAPATHI ROY, Advocate SR.No.15447 +1cc to Special Government Pleader, SR.No.15540 ORDER MADE IN W.P.(MD).No.4440 of 2017 16.03.2017 JM/SV MMS/28.03.2017/3P/8C