N.Dinakar, v. The Commissioner Of Municipal Administration,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 16.06.2023
CORAM
THE HONOURABLE MR.JUSTICE BATTU DEVANAND and W.M.P.Nos.1339 & 1341 of 2020 N.Dinakar ... Petitioner Vs.
1.The Commissioner of Municipal Administration, Urban Administrative Building, M.R.C.Nagar, Chennai - 600 028.
2.The Commissioner, Avadi City Municipal Corporation, Avadi, Chennai - 600 054.
3.The Commissioner, Nelliyalam Municipality, Nelliyalam, Nilgiris District.
4.Shankar, Assistant Engineer, Avadi City Municipal Corporation, Avadi, Chennai - 600 054.
... Respondents Prayer: Writ petition is filed under Article 226 of the Constitution of India for issuance of a Writ of Certiorari, to call for the records relating to the proceedings of the second respondent herein bearing Na.Ka.No.331/2020/C1 dated 14.01.2020 of the second respondent herein and quash the same. 1/6
For Petitioner : Mr.A.R.Karthik Lakshmanan For Respondents : Mr.V.Ramesh, for RR1 & 3 Government Advocate Mr.R.Gopinath, for R2 Standing Counsel
O R D E R
This Writ Petition has been filed seeking a writ of certiorari, calling for the records relating to the proceedings of the second respondent bearing Na.Ka.No.331/2020/C1 dated 14.01.2020 of the second respondent, wherein the petitioner was transferred from Avadi City Municipal Corporation to Nelliyalam Municipality.
2.
The case of the petitioner is that he is working as Town Planning Inspector in the second respondent Corporation, he was transferred vide proceedings dated 14.01.2020 of the second respondent to Nelliyalam Municipality. Aggrieved by the proceedings, this writ petition has been filed. 3.
Heard, the learned counsel for the petitioner and the learned counsel for the respondents.
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4.
Mr.R.Gopinath, learned Standing Counsel for the second respondent submits that this Court passed an interim order on 04.03.2020 directed the second respondent to permit the petitioner to rejoin the duty in the office of the second respondent pending disposal of the writ petition. Accordingly, the petitioner continued in the second respondent Corporation. Learned Standing Counsel further submits that subsequently, at present, he has been transferred and working at Pernampet Municipality, as Town Planning Inspector from 21.09.2022 pursuant to the proceedings of the second respondent dated 21.09.2022. Learned counsel submits that as such, this writ petition has become infructuous. 5.
Learned counsel for the petitioner submits that he could not contact the petitioner to know the latest status of the petitioner and submits that by recording the statement made by the learned Standing Counsel for the second respondent, this Court may pass appropriate orders.
6.
On behalf of the first respondent, the learned Government Advocate submits that in view of the submissions made by the learned Standing Counsel for the second respondent, this writ petition can be closed as infructuous. 3/6
7.
Having considered the submissions of the respondents counsel and upon perusal of the materials available on record, taking into consideration the averments made at para No.5 of the counter filed by the third respondent, wherein it is stated that by proceedings dated 21.09.2022 of the second respondent, the petitioner was transferred to Pernampet Municipality subsequent to the filing of this writ petition. 8.
In my considered view, no further orders are required in this writ petition. Accordingly, this Writ Petition is dismissed as infructuous. 9.
Consequently, connected miscellaneous petitions are closed. There shall be no order as to costs.
16.06.2023 Index :Yes/No AT 4/6
To 1.The Commissioner of Municipal Administration, Urban Administrative Building, M.R.C.Nagar, Chennai - 600 028.
2.The Commissioner, Avadi City Municipal Corporation, Avadi, Chennai - 600 054.
3.The Commissioner, Nelliyalam Municipality, Nelliyalam, Nilgiris District.
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BATTU DEVANAND, J.
AT W.P.No.1115 of 2020 and W.M.P.Nos.1339 & 1341 of 2020 16.06.2023 6/6