Judgment:
IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT: THE HONOURABLE MR. JUSTICE A.K.JAYASANKARAN NAMBIAR TUESDAY,THE27H DAY OF MAY20146TH JYAISHTA, 1936 WP(C).No. 12586 of 2014 (W) ---------------------------- PETITIONER(S): -------------------------- 1. ANU ELIZABETH RAJEEV AGED11YEARS, D/O.RAJEEV THOMAS, PULIKKAL HOUSE, RUBY NAGAR VAZHAPPALLY EAST, CHANGANASSERY, KOTTAYAM (MINOR) REPRESENTED BY HER MOTHER AND NEXT FRIEND ANJALI GEORGE AGED36YEARS, W/O.RAJEEV THOMAS, PULIKKAL HOUSE RUBY NAGAR, VAZHAPPALLYEAST, CHANGANASSERY KOTTAYAM.
2. GEORGE KANJOOPARAMBIL RAJEEV, AGED10YEARS S/O.RAJEEV THOMAS, PULIKKAL HOUSE, RUBY NAGAR VAZHAPPALLY EAST, CHANGANASSERY, KOTTAYAM (MINOR) REPRESENTED BY HER MOTHER AND NEXT FRIEND ANJALI GEORGE AGED36YEARS, W/O.RAJEEV THOMAS, PULIKKAL HOUSE RUBY NAGAR, VAZHAPPALLYEAST, CHANGANASSERY KOTTAYAM.
3. THOMAS KANJOOPARAMBIL RAJEEV, AGED10YEARS S/O.RAJEEV THOMAS, PULIKKAL HOUSE, RUBY NAGAR VAZHAPPALLY EAST, CHANGANASSERY, KOTTAYAM (MINOR) REPRESENTED BY HER MOTHER AND NEXT FRIEND ANJALI GEORGE AGED36YEARS, W/O.RAJEEV THOMAS, PULIKKAL HOUSE RUBY NAGAR, VAZHAPPALLYEAST, CHANGANASSERY KOTTAYAM. BY ADV. SRI.P.SHANES METHAR RESPONDENT(S): ---------------------------- 1. THE CENTRAL BOARD OF SECONDARY EXAMINATION REPRESENTED BY ITS JT.SECRETARY,CBSE, REGIONAL OFFICE PLOT NO.1630, A.J.BLOCK, 16TH MAIN ROAD ANNA NAGAR WEST, CHENNAI-600040.
2. THE PRINCIPAL FR.THOMAS PORUKARA SR.SECONDARY SCHOOL, CHAMPAKULAM ALAPPUZHA-688505 3. RAJEEV THOMAS, AGED36 S/O.LATE K.C.THOMAS, KANJOOPARAMBIL HOUSE, NEDUMUDY ALAPPUZHA-688503 R3 BY ADV. SRI.MATHEW SEBASTIAN R2 BY ADV. SRI.JOMY GEORGE R2 BY ADV. SRI.SEBASTIAN THOMAS R1 BY SRI.DEVAN RAMACHANDRAN, SC, CBSE THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON2705-2014, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No. 12586 of 2014 (W) ---------------------------- APPENDIX PETITIONER(S)' EXHIBITS ------------------------------------- EXHIBIT P-1: TRUE COPY OF THE ORDER
DT.17-2-2014 IN CMP9072014 IN MC172014 ON THE FILE OF JFCM, RAMANKARY. EXHIBIT P-2 : TRUE COPY OF THE APPLICATION FOR TRANSFER CERTIFICATE DT.28-3-2014 OF THE1T PETITIONER. EXHIBIT P-2A : TRUE COPY OF THE APPLICATION FOR TRANSFER CERTIFICATE DT.28-3-2014 OF THE2D PETITIONER. EXHIBIT P-2B : TRUE COPY OF THE APPLICATION FOR TRANSFER CERTIFICATE DT.28-3-2014 OF THE3D PETITIONER. RESPONDENT(S)' EXHIBITS: --------------------------------------- EXT.R3(a) SERIES- TRUE COPY OF THE RECEIPTS FOR PAYMENT OF THE FEES AND STATIONERY DATED24.2014 ISSUED FROM FR.THOMAS PORUKARA CENTRAL SCHOOL AT CHAMBAKKULAM. EXT.R3(b)- TRUE COPY OF THE O.P.NO.305/2014 FILED BEFORE THE FAMILY COURT, ALAPPUZHA DATED205.2014. EXT.R3(c)- TRUE COPY OF THE O.P.NO.306/2014 FILED BEFORE THE FAMILY COURT, ALAPPUZHA DATED205.2014. //TRUE COPY// P.A TO JUDGE A.K.JAYASANKARAN NAMBIAR, J.
~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ W.P.(C).No.12586 of 2014 ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ Dated this the 27th day of May, 2014 JUDGMENT
The petitioners are minors represented by their mother. There is marital dispute between the mother of the petitioners and the father who is the 3rd respondent in the writ petition. The petitioners are presently studying in the Fr.Thomas Porukara Sr.Secondary School, Champakulam, Alappuzha, of which the 2nd respondent is the principal. It would appear that on a petition filed by the mother of the petitioners, under the Protection of Women From Domestic Violence Act, the court of Judicial First Class Magistrate, Ramankary, by order dated 17.02.2014, restrained the father of the petitioners from taking custody of the petitioners from the mother of the petitioners. This interim order passed by the court is still in force.
2. It is stated on behalf of the petitioners that the mother of the petitioners had preferred an application before the 2nd respondent seeking the issuance of a transfer certificate in respect of the petitioners so as to get them admitted to another School in Changanassery where she currently resides along with her parents. The writ petition is filed seeking a W.P.(C).No.12586 of 2014 2 direction to the 2nd respondent to issue the transfer certificate sought for at the earliest.
3. I have heard Sri.Devan Ramachandran, the learned Standing counsel appearing on behalf of 1st respondent, Sri.Jomy George, the learned counsel appearing on behalf of 2nd respondent and also Sri.Mathew Sebastian, appearing on behalf of 3rd respondent.
4. While counsel for the 3rd respondent would vehemently oppose the prayer of the petitioners on the plea that the custody of the children remaining with the mother would seriously affect their future prospects and is also not conducive to the well being of the children, he also points out that the 3rd respondent has taken steps for getting orders, for restitution of conjugal rights as well as for the custody of the children, from the Family Court. In these circumstances, he would contend that there is no necessity for a direction to the 2nd respondent to issue the transfer certificate as sought for by the mother of the petitioner. Counsel Sri.Jomy George appearing on behalf of 2nd respondent would submit that, as Principal of the School the 2nd respondent is normally obliged to accede to the request for transfer certificate when it comes from the parents of the W.P.(C).No.12586 of 2014 3 students. In this case, however in view of the difference of opinion between the father and mother, it was not in a position to accede to the request of the mother for the issuance of the transfer certificate.
5. On a consideration of the facts and circumstances of the case and in view of Ext.P1 order of the Judicial First Class Magistrate Court, granting interim custody of the children to the mother and specifically restraining the 3rd respondent from taking custody of the children from the mother, I feel it is necessary to issue a direction to the 2nd respondent to accede to the request of the mother of the petitioners for the grant of the transfer certificates. The 2nd respondent shall issue the transfer certificates, subject to compliance with all the necessary formalities by the mother of the petitioners. This shall be done within a period of one week from the date of receipt of a copy of this judgment. The writ petition is disposed of as above. A.K.JAYASANKARAN NAMBIAR JUDGE mns/ W.P.(C).No.12586 of 2014 4