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Madras High CourtWP/3106/2013disposed of

V.Dharmaraja v. The Block Development Officer

2019-06-12Honourable Mr Justice S. Vaidyanathan2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 12.06.2019

CORAM:

THE HONOURABLE MR.JUSTICE S. VAIDYANATHAN W.P.No.3106 of 2013 and M.P.No.1 of 2013 V.Dharmaraja ..

Petitioner Vs 1.The Block Development Officer (Village Panchayat) Block Development Office Nannilam Block, Nannilam Taluk Thiruvarur District 2.S.Raj .

.Respondents Prayer:- This Writ Petition is filed, under Article 226 of Constitution of India, to issue a writ of Certiorari calling for the records relating to the impugned order issued by the 1st respondent vide Na.Ka.No.1221/2012/Aa1 dated 28.01.2013 and quash the same.

For Petitioner : Mr.S.Vinoth Pandian For Respondents : Mr.P.Sivashanmuga Sundaram, 1 & 2 Special Government Pleader

ORDER

The Petitioner has challenged the impugned order of transfer dated 28.01.2013 in the main Writ Petition and obtained interim stay of the said transfer by order dated 27.02.2013 in M.P.No.1 of 2013 in WP.No.3106 of 2013.

2. Even assuming for the sake of argument, the interim order of stay is confirmed, a person cannot be retained in the same place for over three years. On the other hand, the petitioner continued to work in the same place in view of the interim order granted by this court on 27.02.2013. Now, more than 6 years have gone by, and, therefore, this court is not inclined to allow the interim order to continue as the employee is liable to be https://hcservices.ecourts.gov.in/hcservices/

transferred atleast once in three years and that he has successfully completed six years in the same place. Hence the Writ Petition is disposed of with liberty to the 1st respondent to transfer the petitioner to any other place in accordance with law.

3. The Writ Petition is disposed of with the above observation. No costs. Consequently, connected MP is closed. s/d- Assistant Registrar True Copy Sub-Assistant Registrar nvsri To 1.The Block Development Officer (Village Panchayat) Block Development Office Nannilam Block, Nannilam Taluk Thiruvarur District +1 CC to Mr.H.Mohammed Farook, Advocate sr 47886. +1 CC to The Govt. Pleader sr 48668.

WP.3106 of 2013 BP(CO) SP(08/08/2019) https://hcservices.ecourts.gov.in/hcservices/