Madras High CourtWP/28137/2017disposed of

E.Perumal, v. The District Collector,

2017-11-03Honourable Mr Justice T.Raja3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED 03.11.2017

CORAM

THE HONOURABLE MR. JUSTICE T.RAJA W.P.No.28137 of 2017 and WMP.Nos.30272 and 30273/2017 E.Perumal

...Petitioner

Versus

1.The District Collector, Villupuram District, Villupuram.

2. The Sub Collector, Tindivanam, Villupuram.

3. The Revenue Tahsildar, Chinna Salem, Vadakkanandal, Salem.

4. The Tahsildar, Tindivanam, Villupuram.

5. The Village Administrative Officer, Periythachur Village, Tindivanam, Villupuram.

6. The Revenue Inspector, Rettanai Kuruvattam, Tindivanam, Villupuram.

... Respondents Prayer:

Writ petition is filed under Article 226 of the Constitution of India praying to issue a Writ of Certiorarified Mandamus, calling for the records of the impugned transfer order passed by the 3rd respondent in his Proceedings in Na.Ka.A3/4626/2017, dated 25.07.2017 and consequential relieving order passed by the 4th respondent in his Proceedings in Na.Ka.No.A5/203/2017 dated 04.08.2017 and quash the same and consequently, directing the 1st respondent to allow the petitioner to work in the present workplace as Village Assistant.

For Petitioner : Mr.D.Ravichander For Respondents : Mr.P.Sanjay Gandhi, Additional Government Pleader

O R D E R

Challenging the impugned old transfer order passed by the 3rd respondent in his Proceedings in Na.Ka.A3/4626/2017, dated 25.07.2017 transferring the petitioner from Periyathatchur to Kachirayappalayam as Village Assistant, the petitioner has come up before this Court with this Writ Petition. 2.

Learned Counsel appearing for the petitioner submitted that the petitioner is now aged 57 years and he has been transferred from Periyathatchur to Kachirayappalyam by the 4th respondent at the tale end of his service. He further submitted that after serving the impugned order of transfer and relieving order, the petitioner went on medical leave, as a result of which the delay of 3 months from the date of issuance of the Transfer order has occurred in approaching this Court. 3.

When this Court is not inclined to entertain the writ petition as the petitioner is guilty of laches, the leaned Counsel for the petitioner made a request to this Court to issue a direction to the respondents to consider the representation dated 8.9.2017 of the petitioner as it is very difficult for him to travel more than 120 kms. every day at the age of 57 years who is going to retire within a period of ten months. 4.

Mr.P.Sanjay Gandhi, learned Additional Government Pleader, who takes notice on behalf of the respondents sought four weeks time to dispose of the representation of the petitioner.

In view of the above, this Court, without going into the merits of the matter, directs the respondents to consider the representation of the petitioner dated 08.09.2017 on humanitarian ground, within a period of four weeks from the date of receipt of a copy of this Order, if so advised. 6.

The Writ Petition is disposed of accordingly. No costs. Consequently, connected Miscellaneous Petitions are closed.

Sd/- Assistant Registrar(CS IV) //True Copy// Sub Assistant Registrar tsi

To 1.The District Collector, Villupuram District, Villupuram.