A.P.Krishnan v. The State Rep.By The Madurai District Collector
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 27.11.2019
CORAM:
THE HONOURABLE MR.JUSTICE M.SUNDAR W.P.(MD)No.24546 of 2019 and W.M.P.(MD)No.21167 of 2019 A.P.K.Harini through her father and next friend A.P.Krishnan ... Petitioner Vs.
1.The State represented by The Madurai District Collector, Collector Office Compound, Madurai-20.
2.The Chief Educational Officer, Chief Educational Office, Tallakulam, Madurai-2.
3.The District Educational Officer, Thirumangalam, Madurai District.
4.The Head Master, Amirtha Vidyalayam Matric School, Balasubramaniya Nagar, Thirupparankundram, Madurai-5.
... Respondents PRAYER:- Writ Petition filed under Article 226 of the Constitution of India, praying for the issuance of a Writ of Mandamus directing the fourth respondent herein to give the transfer certificate of the petitioner daughter namely A.P.K.Harini to the petitioner without demanding school fees.
For Petitioner : Mr.R.Ganesan For Respondents : Mr.M.Karuppasamy Government Advocate for R.1 to R.3 : Mr.H.Arumugam for R.4
ORDER
Mr.R.Ganesan, learned Counsel on record for writ petitioner, Mr.M.Karuppasamy, learned Government Advocate on behalf of respondents 1 to 3 (official respondents) and Mr.H.Arumugam, learned Counsel for fourth respondent (private respondent) are before this Court.
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2. With consent of aforesaid learned Counsel, main writ petition is taken up, heard out and is being disposed of.
3. Today, learned Counsel for fourth respondent has handed over the original Transfer Certificate of writ petitioner's daughter viz., A.P.K.Harini, which is the prayer in the instant writ petition. Besides this, though no prayer has been made, learned Counsel for fourth respondent has very fairly handed over the original Transfer Certificate of writ petitioner's son viz., A.P.K.Gunazekar also though there is no prayer in this regard in instant writ petition.
4. The transfer certificates handed over by the fourth respondent to the Counsel for writ petitioner before the Court today are as follows:
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5. The aforesaid trajectory puts to rest the limited prayer in the instant writ petition. Be that as it may, it is made clear that it is open to the fourth respondent School to proceed against the writ petitioner for recovery of fee and other arrears if any, inter alia by filing a civil suit. Though obvious, it is made clear that if fourth respondent chooses to initiate any such proceedings, the same shall proceed on its own merits and in accordance with law without being impeded by this order.
6. This Writ Petition is closed. There shall be no order as to costs. Consequently, connected Miscellaneous Petition is also closed.
Sd/- Assistant Registrar (co) // True Copy // Sub Assistant Registrar(CS) SSL To 1.The Madurai District Collector, Collector Office Compound, Madurai-20.
2.The Chief Educational Officer, Chief Educational Office, Tallakulam, Madurai-2.
3.The District Educational Officer, Thirumangalam, Madurai District.
+1 CC to Mr.K. SANKARA RAMAN, Advocate ( SR-102043[F] dated 28/11/2019 ) +1 CC to SPL GP ( SR-102403[F] dated 28/11/2019 ) W.P.(MD)No.24546 of 2019 27.11.2019 VB(18.12.2019) 5P 6C 5/5