IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN MONDAY, THE 7TH JUNE 2010 / 17TH JYAISTHA 1932 WP(C).No. 16844 of 2010(E) -------------------------- PETITIONER(S): --------------- 1. ANAKHA,AGED 14 YEARS, D/O.MANJU,VALIYA KALAYIL,MULAKKUZHA P.O., CHENGANNOOR,(MINOR)REPT.BY HER MOTHER AND NEXT FRIEND MANJU,VALIYA KALAYIL,MULAKKUZHA P.O., CHENGANNOOR. 2. SIDHARTH, AGED 11 YEARS, S/O.MANJU, VALIYA KALAYIL, MULAKKUZHA P.O.,CHENGANNOOR, (MINOR) REPT.BY HIS MOTHER AND NEXT FRIEND MANJU, VALIYA KALAYIL, MULAKKUZHA P.O.,CHENGANNOOR. BY ADV. SRI.B.PRAMOD RESPONDENT(S): --------------- 1. THE CENTRAL BOARD OF SECONDARY EXAMINATION,REPT.BY ITS JT.SECRETARY,CBSE, REGIONAL OFFICE, PLOT NO.1630,A.J.BLOCK, 16TH MAIN ROAD, ANNA NAGAR WEST, CHENNAI-600040. 2. THE PRINCIPAL SREE NARAYANA CENTRAL SCHOOL, CHIRAKKADAVU, KAYAMKULAM. 3. K.BABU.S/O.KRISHNAN, MANNANCHIL HOUSE,ERUVA P.O.,KAYAMKULAM. ADV. SRI.P.K.VIJAYAMOHANAN FOR R3 SRI.M.K.CHANDRA MOHANDAS FOR R2 SRI.R.NIKHIL FOR R2 SRI.DEVAN RAMACHANDRAN FOR R1 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 07/06/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: PETITIONERS EXTS: EXT.P1:- COPY OF PETITION IN M.C.NO.84/2010 OF FAMILY COURT, ALAPPUZHA EXT.P2:- COPY OF APPLICATION DTD.17.5.2010 SUBMITTED TO R2. RESPONDENTS EXTS. EXT.R2(A):- COPY OF LETTER SUBMITTED BY R3 DTD.7.4.2010 EXT.R2(B):- COPY OF PRESCRIBED FORM OF APPLICATION FOR ISSUING THE T.C. /TRUE COPY/ P.A.TO JUDGE S.S.SIRI JAGAN, J. ------------------------------------------ W.P(C) No.16844 OF 2010 ------------------------------------------ Dated this the 7th day of June, 2010 JUDGMENT Petitioners are the children of an estranged couple. The petitioners are represented in this writ petition by their mother. Mother is residing at Chengannur after the separation from the father. The children are presently enrolled in the Sree Narayana Central School, Chirakkadavu, Kayamkulam. The children are in the custody of the mother. The mother is residing at Chengannur. She cannot come to Kayamkulam because she is estranged from her husband who lives at Kayamkulam. Therefore, the children need a transfer to a school nearer to the house of the mother. When the mother approached the second respondent for a T.C for that purpose, the second respondent informed the mother that without the consent of the father, who is the third respondent herein, T.C. cannot be issued to the children. It is under the above circumstances, petitioners have approached this court seeking the following reliefs. i. issue a writ of mandamus or any other appropriate writ order or direction commanding the second respondent to issue Transfer Certificates (T.Cs) to W.P(C) No.16844 OF 2010 2 the petitioners at the earliest. ii. Issue any appropriate writ or mandamus or any other writ order or direction commanding the first respondent to take necessary action against the second respondent and the school concerned for violating CBSE examination by- laws. Iii. Grant such other reliefs as this Hon'ble Court deems fit and proper. 2. Counter affidavits have been filed by the second respondent and the third respondent. The second respondent would take the contention that without the consent of the guardian of the children, namely father, Transfer Certificates cannot be issued to the children. The third respondent has taken several contentions which I do not propose to record in this writ petition, since the same may not be conducive to the welfare of the children. Suffice to say that the third respondent does not agree with the requests for Transfer Certificates of the children from the present school. 3. I have considered the rival contentions in detail. This court should naturally be interested in the welfare of the children than the dispute between the parents. The W.P(C) No.16844 OF 2010 3 welfare of the children lies in continuance of their education uninterruptedly. Presently they are in the custody of the mother at Chengannur. It may not be possible for the mother to get the children educated in the second respondent school at Kayamkulam. Despite the objections raised by the third respondent, he does not dispute the fact that the custody of the children is with the mother and that he has not taken any steps before the appropriate authorities for getting custody of the children. That being so, I am satisfied that the dispute between the mother and the father should not stand in the way of continuance of the education of the petitioners, which can presently only be at Chengannur, since the mother who has the custody of the children is residing at Chengannur. Therefore, notwithstanding the objections raised by the third respondent, in the interests of the welfare of the children, I direct the second respondent to issue Transfer Certificates to the petitioners as requested for as expeditiously as possible, at any rate, within one week from the date of W.P(C) No.16844 OF 2010 4 receipt of a copy of this judgment. The mother shall file applications before the second respondent for Transfer Certificates in the prescribed form along with a copy of this judgment. The writ petition is disposed of as above. S.SIRI JAGAN, JUDGE cms