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Madras High CourtWP/5505/2020dismissed

T.K.Jayapal v. The District Collector,

2020-03-04Honourable Mr Justice V. Parthiban3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 04.03.2020

CORAM

THE HONOURABLE MR. JUSTICE V.PARTHIBAN W.P.Nos.5505 of 2020 and W.M.P.No.6443 of 2020 T.K.Jayapal .....

Petitioner Vs.

1.The District Collector, O/o. the District Collector, Coimbatore District 2.The President/Administrative Officer, Selakarichal, Sultanpet Panchayat Union, Coimbatore-600 658 ...

Respondents in both Wps.

Petition filed under Article 226 of The Constitution of India praying for the issuance of a Writ of Certiorari to call for the records relating to the impugned order of transfer dated 05.02.2020 on the file of the second respondent and quash the same.

For Petitioners :Mr.S.Kumara Devan For Respondents :Mr.J.Pothiraj, Spl GP. for R1 Mr.K.Magesh for R2

ORDER

This Writ Petition has been filed seeking for issuance of a Writ of Certiorari to call for the records relating to the impugned order of transfer dated 05.02.2020 on the file of the second respondent and quash the same.

2. According to the petitioner, he was working as Drinking Water Supplier / Drinking Water Over Tank Operator in second respondent Village Panchayat and all of a sudden, by proceedings dated 05.02.2020 he was transferred from Thimmanayakkanpalayam Village to Selakarichal Village. According to the petitioner, the transfer order was issued at the instance of one Karuppasamy, who was the husband of the President of the second respondent Panchayat. Aggrieved over his transfer order, the petitioner made a representation to the first respondent seeking to take action and to cancel the impugned transfer order. Since no action is forthcoming, the petitioner is before this Court by way of the present Writ Petition.

3. From the grounds as mentioned in the affidavit filed in support of the Writ Petition, it appears that the challenge to the impugned transfer order has not been made on any violation of Rules/ Regulations or guidelines nor the transfer is put to challenge on the ground of mala fide on the part of any particular official concerned. The petitioner appears to have general grievance against the transfer and on the basis of such general grievance unsupported by any plea of mala fide or violation of Rules/Regulations, the impugned transfer order cannot be interfered with. Moreover, it appears that the place where the petitioner has been transferred is not far away from the place where the petitioner was working before the transfer as per his own admission. Therefore, no grounds are made out to interfere with the impugned transfer order.

4. Accordingly, the Writ Petition fails and the same is dismissed as devoid of merits. No costs. Consequently, connected WMP is closed.

Sd/- Assistant Registrar(CS III) //True Copy// Sub Assistant Registrar To 1.The District Collector, O/o. the District Collector, Coimbatore District.

2.The President/Administrative Officer, Selakarichal, Sultanpet Panchayat Union, Coimbatore-600 658.

+1cc to Mr.S.Kumaradevan, Advocate Sr.19097 +1cc to Mr.K.Magesh, Advocate Sr.19899 +1cc to the Government Pleader Sr.19733 W.P.Nos.5505 of 2020 and W.M.P.No.6443 of 2020 pvs[co] srg 10/07/2020