N.Kannan v. The Joint Director (Tea)

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 31.10.2022

CORAM:

THE HONOURABLE MR.JUSTICE M.S.RAMESH N.Kannan

...Petitioner

-Vs1.The Joint Director (Tea), Industries and Commerce, No.35, Church Road, Coonoor - 643 101, The Nilgiris.

2.The Special Officer, The INDCOSERVE, No.35, Church Road, Coonoor - 643 101, The Nilgiris.

3.The Kinnakorai Industrial Co-op.

Tea Factory Ltd., Regd. No.IND.No.1697, Rep. by its Special Officer, Kinnakorai (Post) - 643 219, The Nilgiris.

4.Bitherkad Industrial Co-operative Tea Factory Ltd., Rep. by its Special Officer, Regd.No.IND.1864, Bitherkad - 643 240, The Nilgiris.

...Respondents

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PRAYER: Writ Petition filed under Article 226 of the Constitution of India, praying to issue a Writ of Certiorarified Mandamus, calling for the records relating to the impugned proceedings of the 2nd respondent bearing Na.Ka.No.2676/E1/2009 dated 28.09.2011 and quash the same and consequently direct the 2nd respondent to re-transfer the petitioner from 3rd and 4th respondents to 2nd respondent and grant all service benefits due to him. For Petitioner : Mr.K.M.Ramesh For R2 & R3 : Mr.R.Bala Ramesh For R1 & R4 : No Appearance

ORDER

The petitioner herein challenges the order of transfer passed by the second respondent herein, transferring him to fourth respondent Tea Factory.

2. After the transfer order was passed, the petitioner had also joined in the fourth respondent Tea Factory and had continued to work there for almost 10 years. It is now stated that about 3 years back, he had once again been transferred from the fourth respondent Tea Factory to Mahalinga Industrial Cooperative Tea Factory. 2/5

3. Since the order of original transfer from the second respondent to fourth respondent is under challenge and the petitioner had also joined in the transferred place and had worked for a considerable time, it would not be appropriate to interfere with the transfer order at this point of time, particularly, when it is stated that he was further transferred to another Tea Factory from the fourth respondent.

4. In view of the aforesaid developments, the prayer sought for in this Writ Petition has become infructuous. However, if the petitioner is aggrieved against the transfer made and any of the service benefits, liberty is hereby granted to the petitioner to work out his remedy in accordance with law. Accordingly, the Writ Petition stands closed. No costs. 31.10.2022 Index:Yes/No Internet:Yes/No hvk 3/5

To 1.The Joint Director (Tea), Industries and Commerce, No.35, Church Road, Coonoor - 643 101, The Nilgiris.

2.The Special Officer, The INDCOSERVE, No.35, Church Road, Coonoor - 643 101, The Nilgiris.

3.The Special Officer, The Kinnakorai Industrial Co-op.

Tea Factory Ltd., Regd. No.IND.No.1697, Kinnakorai (Post) - 643 219, The Nilgiris.

4.The Special Officer, Bitherkad Industrial Co-operative Tea Factory Ltd., Regd.No.IND.1864, Bitherkad - 643 240, The Nilgiris.

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M.S.RAMESH,J.

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