← Library
Madras High CourtWP/2966/2012disposed of

R.Elumalai, v. The District Collector,

2024-02-26Honourable Mr Justice D.Bharatha Chakravarthy4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 26.02.2024

CORAM

THE HON'BLE MR. JUSTICE D.BHARATHA CHAKRAVARTHY and M.P.Nos.2 of 2012 & 1 of 2013 R.Elumalai ... Petitioner Vs.

1.The District Collector Villupuram District.

2.The President Ethanemili Panchayat Gingee Taluk Villupuram District.

3.The President Mukkunam Panchayat Gingee Taluk Villupuram District.

4.Palani ... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India, to issue a Writ of Certiorarified Mandamus calling for the records relating to the proceedings in Na.Ka.P.T3/5616/2010 dated 31.12.2011 issued by the first respondent transferring the petitioner to the third respondent Panchayat and

the consequential order in proceedings in Na.Ka.PT3/5616/2010 dated 31.12.2011 issued by the first respondent posting the fourth respondent in the second respondent's Panchayat and quash the same and further direct the first respondent to retain the petitioner in the second respondent's Panchayat. For Petitioner : No appearance For Respondents : Mr.P.Siddharth, GA for R1 Mr.M.E.Rani Selvam

O R D E R

There is no appearance on behalf of the petitioner.

2. It is seen that the impugned order is only an order transferring the petitioner from the 2nd respondent Panchayat to the 3rd respondent Panchayat. It is situated within the distance of 10 kms.

3. It is the case of the petitioner that the person who has been transferred inter vivos, as against the post of the petitioner, was facing disciplinary proceedings and therefore an order of transfer ought not to have passed. It is also brought to the notice of this Court that subsequently, the said

disciplinary proceedings were also dropped. In any event that cannot be a ground to question the transfer. However, now 12 years have lapsed from the date of the order of transfer and by the efflux of time, nothing survives for further adjudication in this matter.

4. Accordingly, this Writ Petition is dismissed as infructuous. No costs. Consequently connected miscellaneous petitions are closed. 26.02.2024 Jer Index:Yes/No Speaking Order: Yes/No To 1.The District Collector Villupuram District.

2.The President Ethanemili Panchayat Gingee Taluk Villupuram District.

3.The President Mukkunam Panchayat Gingee Taluk Villupuram District.

D.BHARATHA CHAKRAVARTHY , J., Jer 26.02.2024