R.Nagarajan v. The Commissioner

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 04.01.2021

CORAM

THE HONOURABLE MR.JUSTICE R.MAHADEVAN W.P.No.22361 of 2013 R.Nagarajan ... Petitioner Vs

1. The Commissioner, Vellore Corporation, Vellore.

2. The Director of Town Panchayats, Kuralagam, Chennai - 600 108.

3. The District Collector, Vellore District, Vellore.

... Respondents Writ Petition filed under Article 226 of the Constitution of India to issue a Writ of Mandamus directing the first respondent to transfer and relieve the petitioner from the Vellore Corporation and the second respondent to accommodate the petitioner in any of the Town Panchayats near Vellore where a vacancy for Bill Collector exists, within a stipulated time. For Petitioner : Mr.T.P.Prabakaran For R1 : M/s.P.Shanthi For R2 & R3 : Mr.J.Ramesh, AGP

ORDER

This writ petition has been filed to direct the respondents to transfer and relieve the petitioner from Vellore Corporation and accommodate him in any of the Town Panchayats near Vellore, where a vacancy for Bill Collector exists, within a stipulated time to be fixed by this Court.

2.Upon notice, the first respondent filed a detailed counter affidavit, wherein, it is stated that the Special Grade Municipality was upgraded into Corporation with effect from 01.08.2008, without change in jurisdiction and was functioning as Corporation with the original municipal staff till the issuance of G.O.Ms.No.89 Municipal Administration and Water Supply Department dated 28.06.2011; thereafter, the Vellore https://hcservices.ecourts.gov.in/hcservices/

Corporation was formed on 25.10.2011 and options were called for from the employees of the merged local bodies; the petitioner gave his option letter dated 03.11.2011 stating that he was willing to work in Corporation and accordingly, he was absorbed in the Corporation; and in the month of April 2012, a group of employees of various categories were transferred to their parent department on the basis of their willingness, whereas the petitioner remained quiet even at that time. Thus, according to the first respondent, the claim of the petitioner deserves no merits and acceptance.

3.Today, when the matter was taken up for consideration, the learned counsel for the petitioner submitted that the relief sought for herein has become infructuous and hence, nothing survives for adjudication in this matter.

4.In view of the above submission made by the learned counsel for the petitioner, this writ petition is dismissed as having become infructuous. No costs.

Sd/- Asst.Registrar (CS IV ) /true copy/ Sub Asst. Registrar av To

1. The Commissioner, Vellore Corporation, Vellore.

2. The Director of Town Panchayats, Kuralagam, Chennai - 600 108.

3. The District Collector, Vellore District, Vellore.

+2 ccs to M/s Government Pleader sr207 & 185 W.P.No.22361 of 2013 ssn(co) aa08/03/2021 https://hcservices.ecourts.gov.in/hcservices/