Akilan v. The State Of Tamil Nadu
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED 06.06.2017
CORAM
THE HONOURABLE MR.JUSTICE T.S.SIVAGNANAM AND THE HONOURABLE MR.JUSTICE P.VELMURUGAN W.P(MD)No. 9072 of 2017 Akilan : Petitioner Vs.
1. The State of TamilNadu represented by the Secretary to Government Education Department, Fort St. George, Chennai-9.
2. The Director of Anglo Indian School Education College Road, DPI Campus, Chennai-6.
3. The Principal District Educational Officer, Trichy District, Madurai Road, Trichy.
4. Principal, Campion Anglo Indian Higher Secondary School, Cantonment, Trichy-620 001.
:Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India, praying to issue a Writ of Certiorarified Mandamus to call for the records pertaining to the Impugned Order dated 08.05.2017 on the file of the Respondent No.4 and quash the same as illegal and consequently directing the Respondents to issuance of altered transfer certificate to petitioner's son Guna with the corrections of petitioner's name and petitioner's son's religion as Budhism in the transfer certificate within the stipulated time. For Petitioner : Mr.R.Venkatesan For Respondents 1 to 3 : Mr.V.R.Shunmuganathan Special Government Pleader For Respondents 4 : Mr.S.Vinoth Sathya lazar
O R D E R
(Order of the Court is made by T.S.SIVAGNANAM.J ) The petitioner has filed this Writ Petition to direct the respondent school to issue altered Transfer Certificate for his minor son namely Guna by making necessary corrections with regard to the religion as Budhism and correction of the petitioner's name as Akilan instead of Arockiya Alexander Raj.
https://hcservices.ecourts.gov.in/hcservices/ 2.Heard Mr.R.Venkatesan, learned counsel appearing for the petitioner, Mr.V.R.Shanmuganathan, learned Special Government
Pleader appearing for the respondents 1 to 3 and Mr.S.Vinoth Sathya lazer, learned counsel appearing for the fourth respondent. 3.The respondent school has informed the petitioner that if he obtains appropriate order from the educational authorities, then, they will consider the same. Therefore, we are of the opinion that the petitioner cannot be aggrieved by the communication dated 08.05.2017 sent by the principal of the school by the petitioner. Therefore, the question of challenging the said proceedings does not arise.
4.The learned counsel for the petitioner would submit that the petitioner had submitted a representation to the third respondent. The learned Special Government Pleader submitted that sufficient time may be given to the third respondent to pass appropriate orders.
5.In the light of the same, the Writ Petition is disposed of by directing the petitioner to submit a fresh representation to the third respondent along with a copy of this order within a period of one week form the date of receipt of a copy of this order and on receipt of such representation, the third respondent shall if necessary, obtain appropriate report from the fourth respondent school and pass an order on merits and in accordance with law within a period of two weeks thereafter. Sd/- Assistant Registrar(CS-II) /True Copy/ Sub Assistant Registrar To
1. The Secretary to Government, The State of TamilNadu Education Department, Fort St. George, Chennai-9.
2. The Director of Anglo Indian School Education, College Road, DPI Campus, Chennai-6.
3. The Principal District Educational Officer, Trichy District, Madurai Road, Trichy.
+1cc to M/S.R.Venkatesan, Advocate SR.No. 58954 +1cc to M/S.S.Vinoth Sathya lazar, Advocate SR.No. 58733 JUDGMENT MADE IN W.P(MD)No. 9072 of 2017 06.06.2017 mr/rmk JM/SV MMS/SAR 1/09.06.2017/2P/6C https://hcservices.ecourts.gov.in/hcservices/