This order acknowledges the petitioner's attempt to fake a temporary withdrawal of the writ petition. The court expressed dissatisfaction with the petitioner's explanation but graciously allowed the withdrawal on这根 basis of the filed apology affidavit. Accordingly, the petition is dismissed as withdrawn.
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IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 27.08.2021
CORAM
THE HONOURABLE MR. JUSTICE N. ANAND VENKATESH
W.P.No.14897 of 2021
S.Sridhar ... Petitioner
Vs.
Thiruvallur District.
Sir Theagaraya Evening College, Chennai – 600 021. ... Respondents
(Respondent 4 is impleaded as per order made in W.M.P.No.16311 of 2021 in W.P.No.14897 of 2021 dated 26.07.2021)
Prayer : Writ Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Mandamus, directing the respondents to correct the petitioner's father name as “Sadagopan” instead of “Saravanan” in the transfer certificate issued by the third respondent herein vide serial No.27/2010-2011.
For Petitioner : Mr.L.P.Shanmugasundaram
For Respondent : Ms.A.Selvendiran
Government Counsel for R1 to R3
Mr.B.Ravi for R4
O R D E R
This writ petition has been filed for issue of writ of mandamus directing the respondents to correct the petitioner's father name as “Sadagopan” instead of “Saravanan” in the transfer certificate issued by the third respondent herein vide serial No.27/2010-2011.
2.Pursuant to the orders passed by this Court on 23.08.2021, the petitioner was present before this Court. The petitioner submitted an apology affidavit. The petitioner stated that he did not intentionally conceal the earlier writ petition filed before this Court in W.P.No.11050 of 2021 and he bonafide thought that the withdrawal of that writ petition will not have any bearing in the present writ petition.
3.Even though, this Court is not convinced with the explanation given by the petitioner, considering the background of the petitioner, this Court wants to be more gracious in handling the situation. Therefore, this Court accepts the apology affidavit filed by the petitioner.
4.It is not necessary for this Court to go into any of the claims made by the writ petitioner, in view of the fact that the petitioner has approached this Court with unclean hands. When this Court expressed its mind to the learned counsel for the petitioner, the learned counsel for the petitioner on instructions given by his client, sought for the permission of this Court to withdraw this writ petition. The withdrawal endorsement shall be signed both by the petitioner and the learned counsel for the petitioner.
5.Accordingly, this writ petition is dismissed as withdrawn. No Costs.
s/dAssistant Registrar(CO)
True Copy
Sub-Assistant Registrar
ssr
To
1.The Director of School Education, DPI Campus, Chennai – 600 006. 2.The District Education Officer, Thiruvallur, Thiruvallur District. 3.The Head Master, Government Higher Secondary School, Kadambathur, Thiruvallur District. +1 CC to The Government Pleader sr 43700 +1 CC to Mr.R. Subramanian, Advocate sr 43559.
W.P.No.14897 of 2021
RR(CO) SP(14/09/2021)
2 issues framed by the court
Whether to accept the petitioner's apology regarding omission to disclose a previous pending writ petition.
Whether the writ petition filed for correction of father's name in a transfer certificate should be allowed in view of the petitioner's conduct.
S. Sridhar
The Director of School Education, DPI Campus, Chennai
The District Education Officer, Thiruvallur
The Head Master, Government Higher Secondary School, Kadambathur
The Principal, Sir Theagaraya Evening College, Chennai
N. Anand Venkatesh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
