RADHA vs THE STATE OF KERALA

The petitioner, who is the grandmother of a minor child, has filed this writ

petition seeking the following reliefs:

"i) Issue a writ of Mandamus or any other appropriate writ order or direction commanding the second respondent to issue the transfer certificate pertaining to the minor child Akshay Rajesh so that the minor child could continue his study in the fourth respondent institution based on such transfer certificate issued by the second respondent, within stipulated time limits, in the interest of justice. and ii) To pass any such or further orders as the petitioner may seek and this Hon''ble Court deem fit to grant."

The petitioner points out that as per Ext.R3 order produced along

with the counter affidavit filed by the 3rd respondent, the Family Court had already

issued a direction to the D.E.O to consider the applications, if any, presented by the

mother as well as grandmother of the child in accordance with KER for the

issuance of transfer certificate.

The petitioner points out that the petitioner has submitted Ext.P8

appeal under Rule 20 of Chapter VI of KER against the inaction of the

Headmaster-the 2nd respondent, to issue the transfer certificate to the petitioner''s

grandson.

The learned counsel for the petitioner submits that this writ petition

can be disposed of with a direction to the additional 5th respondent to consider and

pass orders on Ext.P8 appeal.

In the above circumstances, without going into any of the contentions raised

by the parties on either side, I direct the DEO-the additional 5th respondent, to

consider and pass orders on Ext.P8 appeal, within a period of two weeks from the

date of receipt of a copy of the judgment.