← Library
Madras High CourtWP/31687/2014disposed of

D.A.Babu Suresh Varman v. The Engineer-In-Chief W.R.D.,

2015-02-27Honourable Mr Justice K.K. Sasidharan3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 27.02.2015

CORAM:

THE HONOURABLE MR. JUSTICE K.K.SASIDHARAN Writ Petition No.31687 of 2014 & M.P.Nos.1 to 4 of 2014 1 D.A.Babu Suresh Varman .. Petitioner Vs.

1 The Engineer-in-Chief W.R.D.

& Chief Engineer (General) Public Works Department Ezhilagam, Chepuak, Chennai- 600 005.

2 The Chief Engineer Chennai Region Ezhilagam, Chepauk Chennai- 600 005.

3 The Superintending Engineer, W.R.D.

Project Circle, Vellore-632 006.

4 The Executive Engineer W.R.D.

Upper Palar Basin Division, Vellore-632 006.

5 N.S.Gowrisankar .. Respondents Petition filed under Article 226 of the Constitution of India for the issuance of writ of Certiorari to call for the records relating to the impugned order dated 21.11.2014 received on 29.11.2014 passed by the 1st respondent in his proceedings No. S1(1)/20100/2014 and to quash the same.

For Petitioner : Mr.K.Venkataramani Senior Counsel for Mr.C.Prakasam For Respondents : Mr.M.S.Ramesh, AGP for R1 to R4 Mr.Singaravelan for Ms.M.Srividhya for R5

O R D E R

The petitioner challenges the order dated 21.11.2014, whereby and whereunder he was transferred from Ranipet to Madurantakam, on various reasons including the contention that it was only to accommodate the fifth respondent the transfer in question was made. This Court granted an interim order on 31.12.2014 staying the operation of the order of transfer.

2. When this Writ Petition came up for hearing on 18.02.2015, after hearing the arguments of learned senior counsel for the petitioner and the learned Additional Government Pleader and taking into account the fact that the fifth respondent was accommodated at Ranipet by transferring the petitioner, I have suggested to the learned Additional Government Pleader as to whether it is possible to retain the petitioner in the District of Vellore in case there are vacancies. The learned Additional Government Pleader took time to take instructions.

3. When this Writ Petition came up for consideration on 24.02.2015, the learned Additional Government Pleader, on the basis of the instructions given by Mr.Seetharaman, Superintendent who was present in court, submitted that there is a vacancy in Construction and Maintenance Wing at Vellore and the petitioner would be accommodated there. The matter was adjourned for the purpose of producing the transfer order.

3. When the Writ Petition was taken up for hearing today, the learned Additional Government Pleader produced a copy of the order passed by the first respondent dated 24.02.2015, whereby and whereunder the petitioner was accommodated at Vellore in Construction and Maintenance Wing.

4. In view of the order passed by the first respondent dated 24.02.2015, nothing survives for adjudication in the Writ Petition.

5. I place it on record the swift action taken by Thiru M.S.Ramesh, learned Additional Government Pleader to put an end to this litigation by taking up the matter with the Public Works Department.

6. The Writ Petition is disposed of with the above observation. No costs. The connected Miscellaneous Petitions are closed. Sd/- Asst.Registrar (CO) /true copy/ Sub Asst. Registrar ajr To 1 The Engineer-in-Chief W.R.D.

& Chief Engineer (General) Public Works Department Ezhilagam, Chepuak, Chennai- 600 005.

2 The Chief Engineer Chennai Region Ezhilagam, Chepauk Chennai- 600 005.

3 The Superintending Engineer, W.R.D.

Project Circle, Vellore-632 006.

4 The Executive Engineer W.R.D.

Upper Palar Basin Division, Vellore-632 006.

1 cc to M/s.M. Srividhya, Advocate, sr. 11734 W.P.No.31687 of 2014 BVR (CO) kk 12/3