Madras High CourtWP/1743/2020disposed of

K.Nehru v. The Commissioner Of Sugar,

2020-01-28Honourable Mr Justice N. Anand Venkatesh3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 28.01.2020

CORAM

THE HONOURABLE MR. JUSTICE N. ANAND VENKATESH W.P No.1743 of 2020 K.Nehru Petitioner vs.

1. The Commissioner of Sugar, No.474, Anna Salai, Nandanam, Chennai - 600 035.

2. The Managing Director, M.R.K. Cooperative Sugar Mills, Sethiathoppu, Cuddalore District.

3. The Managing Director, Kallakurichi Cooperative Sugar Mills-I, Kallakurichi, Kallakurichi District.

Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Mandamus, directing the respondents to transfer the petitioner from the 2nd respondent M.R.K. Cooperative Sugar Mills, Sethiathoppu, Cuddalore District to the 3rd respondent Sugar Mills by considering his representation dated 21.12.2019. For Petitioner : Mr.R.Rajarajan For Respondents: Mr.L.P.Shanmuga Sundaram Special Government Pleader

O R D E R

This writ petition has been filed for issuance of a writ of mandamus directing the respondents to consider the representation made by the petitioner wherein the petitioner has sought for transfer from the 2nd respondent Sugar Mills to the 3rd respondent Sugar Mills.

2.The petitioner is working in the 2nd respondent Sugar Mill from the year 2017 onwards. It is the case of the

petitioner that the family members of the petitioner have settled at Thiruvannamalai District and he has to travel nearly 120 kilo meters and therefore, he is finding it difficult in view of the recent operation that was undergone by the petitioner. It is the further claim of the petitioner that he also suffered Cardiac arrest and he underwent treatment in May 2019. The petitioner claims that the Doctor has advised him not to travel long distance. The petitioner, due to ill health, is on medical leave. The petitioner made a representation to the 1st respondent on 21.12.2019 requesting the 1st respondent to transfer the petitioner from the 2nd respondent Mill to the 3rd respondent Mill. Since the same was not considered, the present writ petition has been filed before this Court seeking for appropriate directions. 3.Heard Mr.R.Rajarajan, learned counsel appearing on behalf of the petitioner and Mr.L.P.Shanmuga Sundaram, learned Special Government Pleader appearing on behalf of the respondents.

4.Taking into consideration the facts and circumstances of the case and also the limited relief that has been sought for in this writ petition, there shall be a direction to the 1st respondent to consider the representation made by the petitioner on 21.12.2019 and pass appropriate orders on its own merits, within a period of four weeks from the date of receipt of copy of this order. The petitioner is directed to make a fresh representation to the 1st respondent along with a copy of the representation dated 21.12.2019 and a copy of this order.

5.This writ petition is disposed of with the above directions. No Costs.

Sd/- Assistant Registrar(J) //True Copy// Sub Assistant Registrar ssr To

1. The Commissioner of Sugar, No.474, Anna Salai, Nandanam, Chennai - 600 035.

2. The Managing Director, M.R.K. Cooperative Sugar Mills, Sethiathoppu, Cuddalore District.

3. The Managing Director, Kallakurichi Cooperative Sugar Mills-I, Kallakurichi, Kallakurichi District.

+1cc to Mr.L.P.Shanmugasundaram, Advocate SR.7154 +1cc to Mr.R.Rajarajan, Advocate SR.5907 +1cc to Spl Government Pleader(CO-OP) SR.6665 W.P No.1743 of 2020 CB(24/02/2020)