Dr.T.S.Kumaran v. Assistant Director

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 16.03.2023

CORAM

THE HON'BLE MR. JUSTICE P.D. AUDIKESAVALU and W.M.P. Nos. 8415 and 8417 of 2023 Dr. T.S.Kumaran ... Petitioner -vs1. Assistant Director, Animal Husbandry Department, Krishnagiri.

2. Regional Joint Director, Animal Husbandry Department, Krishnagiri.

3. The Director, Animal Husbandry and Fisheries Department, Annasalai, Nandanam, Chennai - 35.

4. Dr.P.Rajaguru ... Respondents Prayer:- Writ Petition filed under Article 226 of the Constitution of India, 1950, praying to issue a Writ of Certiorarified Mandamus, to call for the records of the First Respondent vide Na. Ka. En. 286/A/2022, dated 2.04.2022 and Na. Ka. En. 286/A/2022, dated 22.04.2022 for transferring the Petitioner from Kattery Veterinary Dispensary, Krishnagiri to Vallipattu Veterinary Hospital, Tiruppattur Taluk, Vellore District and directing the Respondents to retain the Petitioner as Assistant Veterinary Doctor at Kattery Veterinary Dispensary, Krishnagiri.

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For Petitioner :

Mr. V.Nithyanandam For Respondents :

Mr. B.Vijay, Additional Government Pleader (for R1 to R3)

O R D E R

Heard Mr. V.Nithyanandam, Learned Counsel for the Petitioner and Mr. B.Vijay, Learned Additional Government Pleader takes notice for the First to Third Respondents and perused the materials placed on record, apart from the pleadings of the parties.

2.

Though the Writ Petition has been filed challenging the Order No. Na. Ka. En. 286/A/2022 dated 21.04.2022 and Order No. Na. Ka. En. 286/A/2022 dated 22.04.2022 passed by the First Respondent transferring the Petitioner from Kattery Veterinary Dispensary, Krishnagiri to Vallipattu Veterinary Hospital, Tiruppattur Taluk, Vellore District and to consequently direct the Respondents to retain him as Assistant Veterinary Doctor at Kattery Veterinary Dispensary, Krishnagiri, Learned Counsel for the Petitioner submits that the Petitioner would be satisfied, if the representation dated 18.10.2022 made by him in that regard is directed to be disposed by the concerned authority within the time limit that may be fixed by the Court. 2/5

3.

Having regard to the limited nature of relief sought, this Court without expressing any view on the correctness or entitlement of the claim made by the Petitioners, passes the following order:- (i) the concerned authority shall immediately examine the representation dated 18.10.2022 made by the Petitioner including ascertaining as to whether the Petitioner would be entitled for the relief claimed; (ii) if it is found that any other details or supporting documents is necessary, the deficiencies in that regard shall be informed in writing to the Petitioner requiring the same to be furnished within a time frame of not less than 15 days for the same;

(iii) in the event of not being satisfied with the requirements even thereafter, an enquiry shall be conducted affording full opportunity of personal hearing to the Petitioner to explain his position in that regard; (iv) a reasoned order shall be passed dealing with each of the contentions raised on merits and in accordance with law and the decision taken communicated by 31.08.2023 under written acknowledgment; and (v) the report of such compliance shall be filed before the Registrar (Judicial) of this Court.

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In the result, the Writ Petition is disposed on the aforesaid terms. Consequently, the connected Miscellaneous Petitions are closed. No costs. 16.03.2023 kv Index: Yes/No Note: Issue order copy by 05.06.2023.

To

1. Assistant Director, Animal Husbandry Department, Krishnagiri.

2. Regional Joint Director, Animal Husbandry Department, Krishnagiri.

3. The Director, Animal Husbandry and Fisheries Department, Annasalai, Nandanam, Chennai - 35.

Copy to The Registrar (Judicial), Madras High Court, Chennai - 600 104 4/5

P.D. AUDIKESAVALU, J.

kv 16.03.2023 5/5