IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC THURSDAY, THE 13TH NOVEMBER 2008 / 22ND KARTHIKA 1930 W.P(C).No. 33399 of 2008(A) ---------------------------------- PETITIONERS: ---------------- T. SALEENA, W/0. ABOOBACKER, THAYYIL HOUSE, CHERUKULAM P.O., ELANKUR, MALAPPURAM DISTRICT. BY ADV. SRI.T.A.SHAIN SRI.K.R.SHYNE (MANJERY) RESPONDENTS: ----------------- 1. DISTRICT EDUCATIONAL OFFICER, MANDOOR P.O., MALAPPURAM DISTRICT. 2. ASSISTANT EDUCATIONAL OFFICER, AREACODE SUB DISTRICT, AREACODE, MALAPPURAM DISTRICT. 3. HEADMASTER, G.U.P. SCHOOL, AREACODE SUB DISTRICT, CHENGARA, MALAPPURAM DISTRICT. 4. HEADMASTER, A.M.L.P. SCHOOL, CHENGARA, AREACODE SUB DISTRICT, MALAPPURAM DISTRICT. GOVT. PLEADER, SRI. A.J. VARGHESE THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 13/11/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ANTONY DOMINIC, J. ============== W.P.(C) NO. 33399 OF 2008 (A) ==================== Dated this the 13th day of November, 2008 J U D G M E N T Petitioner claims to be a separated wife with four children. 2. By Exts. P1 and P3, she applied for transfer certificate of her children from the 3rd respondent school in order to get the children admitted in the 4th respondent, which is said to be nearer to her place of residence. Petitioner states that it is difficult for the children to attend the school as their life is made miserable by her estranged husband. The application made for TC were rejected by the Headmaster for the reason that the wards were admitted by the father and Exts.P2 and P4 are the communications received by the petitioner in this respect. Thereupon, the petitioner moved the AEO by filing Ext.P5 and according to the petitioner, Ext.P5 has been forwarded by the AEO to the 1st respondent and his directions are awaited. In this writ petition, she is complaining that neither the AEO or the DEO have taken decision on the request made by Ext.P5. 3. Now that the matter is pending before the DEO, it is essential for the DEO to consider and pass orders in this matter. However, such order can be passed only with notice to the father of the children who has admitted the students in the 3rd respondent school. WPC 33399/08 :2 : 4. Therefore, the writ petition is disposed of directing that the 1st respondent shall decide on Ext.P5, if the same is pending before him with notice to the petitioner and her husband, whose address will be furnished by the petitioner while producing a copy of this judgment before the 1st respondent. Orders on Ext.P5 shall be passed as above, at any rate within one month of production of a copy of this judgment. Petitioner shall produce a copy of this judgment before the 1st respondent for compliance. ANTONY DOMINIC, JUDGE Rp