Selvamani V v. The Deputy Commissioner

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 24.07.2023

CORAM:

THE HONOURABLE MR.JUSTICE B.PUGALENDHI W.P.(MD).No.16440 of 2023 V.Selvamani ... Petitioner Vs.

1.The Deputy Commissioner, Kendriya Vidyalaya Sangathan Regional Office, Chennai.

2.The Principal, Kendriya Vidyalaya School, CECRI Campus, Karaikudi.

3.The Principal, Kendriya Vidyalaya School No.1, Narimedu, Madurai.

4.R.Senthilvel ...Respondents PRAYER : Writ Petition is filed under Article 226 of the Constitution of India to issue a Writ of Mandamus, directing the first respondent to issue a transfer order to the petitioner's son so that he may leave Kendriya Vidyalaya School, Karaikudi to join Kendriya Vidayalaya School No.1, 1/6

Narimedu, Madurai in the third respondent herein, based on the petitioner's representation dated 20.06.2023. For Petitioner : Mr.A.Arumugam For Respondents :Mr.E.T.Rajendran Standing Counsel for R1 to R3 Mr.Porkodi karnam for M/s.Polax Legal Solution for R4

O R D E R

The writ petitioner is the mother of one S.Gowthama Rajan, who is aged about 10 years and studying 4th Standard in Kendriya Vidyalaya School, Karaikudi. It appears that there was some misunderstanding between the petitioner and her husband and therefore, she has shifted her residence from Karaikudi to Madurai and she is now residing with her parents. The minor child is with the custody of the petitioner. Therefore, she has made a representation before the respondents 1 and 2 on 20.06.2023, to issue transfer order in favour of her son to join Kendriya Vidyalaya School No.1, Naraimedu, Madurai from Kendriya Vidyalaya School, Karaikudi. However, the same has not been considered by them so far. Hence, the present writ petition has been filed. 2/6

2. The learned Standing Counsel appearing for the first respondent submits that the petitioner has made a representation only on 14.07.2023 and therefore, the same is yet to be considered. It would be considered within a reasonable time.

3. The learned counsel appearing for the fourth respondent submits that the fourth respondent, who is the husband of the petitioner, has agreed for transfer of his minor child to Kendriya Vidyalaya School No.1, Madurai from Kendriya Vidyalaya School, Karaikudi.

4. This Court considered the rival submission made by the learned counsel appearing for the parties.

5. The petitioner claims that due to misunderstanding, she has left her husband and is now residing at Madurai along with her parents. The minor child is in the custody of the petitioner. Her son has already completed 3rd Standard in Kendriya Vidyalaya School, Karaikudi. Since she is residing with her parents at Madurai, she has submitted a representation on 20.06.2023 before the respondents 1 and 2 to issue 3/6

transfer order to her son to join Kendriya Vidyalaya School No.1, Narimedu, Madurai, from Kendriya Vidyalaya School, Karaikudi.

6. Considering the facts and circumstances of the case, this Writ Petition is disposed of, with a direction to the first respondent to consider the representation of the petitioner dated 20.06.2023 sympathetically for transfer of her child from Kendriya Vidyalaya School, Karaikudi to Kendriya Vidyalaya School No1, Naraimedu, Madurai, within a period of two weeks from the date of receipt of a copy of this order.

7. Accordingly, this Writ Petition is disposed of. There shall be no order as to costs.

24.07.2023 Index: Yes/No Internet: Yes/No ssb 4/6

To 1.The Deputy Commissioner, Kendriya Vidyalaya Sangathan Regional Office, Chennai.

2.The Principal, Kendriya Vidyalaya School, CECRI Campus, Karaikudi.

3.The Principal, Kendriya Vidyalaya School No.1, Narimedu, Madurai.

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B.PUGALENDHI, J.

ssb W.P.(MD).No.16440 of 2023 24.07.2023 6/6