Madras High CourtWP/3395/2021disposed of

N.R.Manoharan v. Tamil Nadu State Marketing Corporation Ltd.,

2021-04-23Honourable Mr Justice M. Govindaraj2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED :23.04.2021

CORAM

THE HON'BLE MR.JUSTICE M.GOVINDARAJ W.P.No.3395 of 2021 N.R.Manoharan ..Petitioner Vs.

1.Tamil Nadu State Marketing Corporation Limited Rep. By its Senior Regional Manager Trichy Region Old Collector Office Complex Trichirapali

2. District Manager Tamil Nadu State Marketing Corporation Limited Chennai Main Road Villupuram 605 602

3. R.Kumar Supervisor Tamil Nadu State Marketing Corporation Limited Shop No.11793, Krishnapuram Gingee Taluk Villupuram District ..Respondents Prayer:- Writ petition filed under Article 226 of the Constitution of India praying to issue a Writ of Certiorarified Mandamus after calling for the concerned records from the 1st and 2nd respondent, quash the order of the 1st respondent dated 09.11.2020 bearing Na.Ka.No.450/2020(A1) in so far as transferring the 3rd respondent to Shop No.11793 as Supervisor and the order of the 2nd respondent dated 16.11.2020 bearing Na.Ka.No.A1/793/2020 as illegal, arbitrary and contrary to law and consequently direct the respondent No.1 and 2 to retain the petitioner as Supervisor in the Shop No.11793, Krishnapuram, Gingee Taluk, Villupuram District. For Petitioner : Mr.Balan Haridas For Respondents : Mr.K.Sathisk Kumar for R1 and R2 No appearance for R3

ORDER

The writ petition has been filed by the petitioner challenging the transfer order issued to the third respondent.

2. On the face of it, the petitioner cannot have any grievance against the transfer order issued to some other https://hcservices.ecourts.gov.in/hcservices/

individual. Therefore, there is no locus standi to challenge the order issued to the third respondent.

3. However, this court has seized of the matter and passed an order on 18.02.2021, wherein, it is observed that the interim stay is not granted and further orders cannot be passed without hearing the respondents. It is further observed that no disciplinary action shall be taken against the petitioner. Thus the impugned order brought to the judicial notice of this Court.

4. On the face of it, malafide writ large in passing the impugned order dated 16.11.2020. The transfer order has been passed on the recommendation of the Minister and not on administrative grounds or as general transfer. Such an order is not sustainable in law and it needs to be quashed.

5. In view of the above discussion, this writ petition stands dismissed with directions. The transfer order issued in favour of the third respondent in Na.Ka.No.A1/793/2020 dated 16.11.2020, is hereby set aside. The second respondent is directed to pass fresh orders in accordance with law, within a period of two weeks from the date of receipt of a copy of this order. No costs.

Sd/- Assistant Registrar(CS IV) //True Copy// Sub Assistant Registrar To

1. Senior Regional Manager Tamil Nadu State Marketing Corporation Limited Trichy Region Old Collector Office Complex Trichirapali

2. District Manager Tamil Nadu State Marketing Corporation Limited Chennai Main Road Villupuram 605 602 +1cc to Mr.Balan Haridas,Advocate SR.No. 25643 W.P.No.3395 of 2021 PCH(CO) A.SK(12.07.2021).

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