IN THE HIGH COURT OF JUDICATURE AT MADRAS

MADURAI BENCH

Cont. P:704/2017
in
WP:21916/16

Selvakumar -
Petitioner

Vs
1. Mr. R. Elangovan
Director of Elementry Education
College road, Chennai-6

2. Mr. Vijendran,
District Elementry Education officer,
Trichy District.
- Respondents

AFFIDAVIT FILED BY RESPONDENT NO:1

I Elangovan S/o Rathinasamy Hindu aged

about 57 years now working as Director of School
Education, Tamilnadu, come down Madurai do here by
solemnly affirmed sincerely state as follows:-

1. I am the 1st respondent herein.

Firstly I submit my unconditional apology before this
Honble Court. Formely I was working as Director of
Elementry Education. Now I was promoted as Director of
School Education. The writ petitioner sought for writ of
Mandamus directing the respondent No:1 to transfer
him from Kattuputhoor panchayat Union primary school
in Thoottiyam Union to any one of the school having
vacancy at Thuraiyoor panchayat union Trichy.

Page:1
Corr:

2. Further I submit that the above said

writpetition came before Honble HighCourt on 01.12.16.
Lordship passed following order As the petitioner is
physically challenged person, it is the duty of the
respondents to have considered the request and to have
transferred him to the place to which he wanted the
transfer. The request of the petitioner is not
unreasonable .Therefore the respondents are directed to
consider the representation of the petitioner, dated 22.
09.2016 and to transfer him in any one of the schools in
Thuraiyoor union, within ia period of four weeks from
trhe date of receipt of a copy of this order ( if need be, by
creating a vacancy or by effecting mutual transfer)

3. Further I submit that above said copy

received by office 3rd week of February 2017.
Immedietly my under official rushed and got legal
opinion from competent Government pleader and file
the appeal before Honble High Court with delay
condone petition WASr:15061/17. Unfortunately it is not
yet listed. In between the contempt petitioner filed
contempt petition before this Honble and listed on
19.04.17 and it was adjourned on 27.04.17 for reporting
compliance. But unfortunately I am not able to comply
the order. Hence Statutory notice was issued for my
personal appearance. In these circumstances the
counselling start from 19.05.17. On that day transfer
order was issued in favour of writpetitioner proceeding
dated 20.05.17 in Naka:6363/A4/2016 as per direction of
this Honble Court. The copy also served to the writ
petitioner. Now I was promoted as Director of School
Education. Each and every day meetings are conducted
by Secretary of School Education. Due to said
administative reason I am not able to appear before this
Honble Court. Further Honble Court order also fully
complied. Please dispensewith my personal appearance,
otherwise I will put irreparable loss and hardship.
Page:2
Corr:
3

Therefore it is prayed that this Honble

Court may be pleased to dispensewith my personal
appearance in Contp:704/17 order passed on 27.04.17
and thus render justice.

Solemnly affirmed signed

before me at Chennal on .05.17
st
1 Respondent

Advocate