R.Jayaseeli v. The District Collector
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 08.01.2025 CORAM :
THE HONOURABLE MR.JUSTICE R. SURESH KUMAR AND THE HONOURABLE MR.JUSTICE C. SARAVANAN R.Jayaseeli ..
Appellant Vs.
1. The District Collector Collectorate, Thiruvallur District.
2. The Block Development Officer Sholavaram Panchayat Union Sholavaram, Tiruvallur District - 600 067.
..
Respondents Prayer: Appeal filed under Clause 15 of the Letters Patent, against the order dated 14.09.2023 in W.P.No.26952 of 2023. For the Appellant :
Ms.Rashmiga for Mr.G.M.Gokulram For the Respondents :
Mr.M.Alagu Goutham Government Advocate
JUDGMENT
(Judgment of the Court was authored by R.SURESH KUMAR, J.) This intra-Court appeal has been directed against the order of the Writ Court dated 14.09.2023 made in W.P.No.26952 of 2023.
2. In the said writ petition, the appellant/writ petitioner had challenged the transfer order dated 27.06.2023. When the writ petition came up for hearing on 14.09.2023, it was stated on behalf of the first respondent by the learned Special Government Pleader that the transfer of the appellant/writ petitioner has been revoked and he has also produced the Official Memorandum of the first respondent, which means that the transfer order dated 27.06.2023 either has been canceled or recalled. The learned Single Judge dismissed the writ petition by recording the said position in the impugned order. As against which, the present intra-Court appeal has been filed.
3. We have heard Ms.Rashmiga, learned counsel for the appellant/writ petitioner and Mr.M.Alagu Goutham, learned Government Advocate for the respondents.
4. The learned counsel for the appellant would contend that the subsequent order passed also is prejudicial to the interest of the appellant/writ petitioner and therefore, it cannot be stated that the appellant/writ petitioner has been given the relief by recalling or canceling the order dated 27.06.2023.
5. Be that as it may, insofar as the challenge that has been made against the order dated 27.06.2023 is concerned, since that has become infructuous as the transfer order has already been recalled, the question of challenging the subsequent order independently, on its own merits, cannot be clubbed in this intra-Court appeal. Hence, the present appeal does not have any reason to be entertained.
6. In that view of the matter, the present appeal fails and accordingly stands dismissed. However, it is open to the appellant/writ petitioner to challenge the subsequent order passed by the first respondent, if any, if it is prejudicial to the interest of the appellant/writ petitioner in the manner known to law. There shall be no order as to costs. Consequently, C.M.P.No.29795 of 2024 is closed.
(R.S.K., J.) (C.S.N, J) 08.01.2025 drm To:
1. The District Collector Collectorate, Thiruvallur District.
2. The Block Development Officer Sholavaram Panchayat Union Sholavaram, Tiruvallur District - 600 067.
R. SURESH KUMAR, J.
AND C. SARAVANAN , J.
(drm) 08.01.2025