C.Letchumidarane, v. The Commissioner

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 03.04.2017

CORAM

THE HONOURABLE MR.JUSTICE T.RAJA W.P.No.7709 of 2017 C.Letchumidarane ..

Petitioner -vs1. The Commissioner Neravy Commune Panchayat Karaikal

2. The Deputy Director Local Administration Department Puducherry ..

Respondents Petition under Article 226 of the Constitution of India, praying for the issue of a Writ of Certiorari, to call for the records of the second respondent with No.8916/LAD/CP-A1/2017 dated 13.3.2017 and to quash the same.

For Petitioner :: Mr.V.Ajayakumar For Respondents :: Mrs.D.Reena Iswariya Addl. Government Pleader (Pondy)

ORDER

The petitioner has come to this Court questioning the correctness of the transfer order, without even willing to report for duty in any one of the transferred places.

2. Learned counsel for the petitioner submitted that the petitioner was subjected to repeated transfers. Firstly, he was transferred from Karaikal to Puducherry by the Deputy Director (RD) on 9.8.2016 and within two months, again he was forcibly transferred from Puducherry to Thirunallar on 5.10.2016. Once again he was shunted out to the present place, namely, Nettapakkam, as a result he has been put to grave problem.

3. In reply, the learned Additional Government Pleader (Pondy) for the respondents submitted that the petitioner is not even accepting any one of the transfer orders, because when he was issued with the transfer order, he used to give a lame excuse that his family members are facing health problems, as a result he neither reported for duty at Puducherry, when he was https://hcservices.ecourts.gov.in/hcservices/

transferred from Karaikal on 9.8.2016, nor he reported for duty at Thirunallar, when he was transferred from Puducherry on 5.10.2016.

4. Although the learned counsel for the petitioner requested this Court to direct the learned Additional Government Pleader for the respondents to file an affidavit, this Court is not inclined to accept the said request, as this Court is convinced with the statement made by the learned Additional Government Pleader for the respondents. Accordingly, this Court is not inclined to entertain the writ petition and the same is dismissed.

Consequently, W.M.P.No.8426 of 2017 is also dismissed. No costs.

Sd/- Asst.Registrar /true copy/ Sub Asst. Registrar ss To

1. The Commissioner Neravy Commune Panchayat Karaikal

2. The Deputy Director Local Administration Department Puducherry +1cc to Mr.V.Ajayakumar,Advocate sr.19666 +1cc to the Government Pleader sr.19886 W.P.No.7709 of 2017 gjII(co) ss(18/4/2017) https://hcservices.ecourts.gov.in/hcservices/