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Madras High CourtWP(MD)/17724/2022dismissed

Durga, v. The Director Of Matriculation School,

2022-08-08Honourable Mr Justice G.R.Swaminathan4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 08.08.2022

CORAM

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN and W.M.P.(MD)No.12914 of 2022 Durga ... Petitioner Vs.

1.The Director of Matriculation School, DPI Campus, Chennai.

2.The Chief Educational Officer, Thanjavur, Thanjavur District.

3.The Inspector of Matriculation Schools, Government Higher Secondary School Campus, Thanjavur.

4.The Secretary / Correspondent, St.Anne's Matriculation Higher Secondary School, 23, Gandhi Nagar, Kumbakonam - 01, Thanjavur District.

5.Vaithiyanathan 6.Subashini ... Respondents Prayer : Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus, to direct the Respondents 1/4

Nos.1 to 4 to issue a copy of Transfer Certificate of the Minor Children namely Hemavathi (15/22) and Rohan (11/22), students of the St.Anne's Matriculation Higher Secondary School, Kumbakonam enabling them to continue their education in any other school within the time frame stipulated by this Court. For Petitioner : Mr.T.Lajapathi Roy For Respondents : Mr.V.Om.Prakash, Addl. Government Pleader R1 to R3.

ORDER

Heard the learned counsel for the writ petitioner and the learned Additional Government Pleader for the respondents 1 to 3. 2.The petitioner is aggrieved by the act of the fourth respondent school in handing over the transfer certificates in respect of the petition mentioned children to the fifth respondent. There is no dispute that fifth respondent is the father of the children. The fifth respondent got married to the sixth respondent, who is none other than the sister of the writ petitioner. Difference of opinion broke out between the fifth respondent and the sixth respondent. As a result, the children came to be brought up by the writ petitioner. It was the writ petitioner who admitted the children in the fourth respondent school. She also paid the school fees. The fifth and sixth respondents appear to have reconciled 2/4

and based on their request, the fourth respondent handed over the transfer certificate to them. This is questioned by the writ petitioner. 3.The writ petitioner has no locus standi. She is admittedly not the parent or the legally appointed guardian of the children. Therefore, no relief can be granted and the writ petition stands dismissed. No costs. Consequently, connected miscellaneous petition is closed.

08.08.2022 Index : Yes / No Internet : Yes/ No ias To:- 1.The Director of Matriculation School, DPI Campus, Chennai.

2.The Chief Educational Officer, Thanjavur, Thanjavur District.

3.The Inspector of Matriculation Schools, Government Higher Secondary School Campus, Thanjavur.

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G.R.SWAMINATHAN, J.

ias 08.08.2022 4/4