K.C.Ganesan v. The Principal Chief Conseravator Of Forests
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 16.12.2022
CORAM
THE HONOURABLE MR.JUSTICE ABDUL QUDDHOSE W.P.No.18164 of 2022 and W.M.P. No.17499 of 2022 K.C.Ganesan ... Petitioner Vs 1.The Principal Chief Conservator of Forests, Saidapet, Chennai-15.
2.The Additional Principal Chief Conservator of Forests and Director, Tamil Nadu Forest Academy, Coimbatore-2.
3.The District Forest Officer, Nilgiris Division, Ooty.
4.P.Ramesh ... Respondents Prayer : Petition filed under Article 226 of the Constitution of India praying for the issuance of a Writ of Certiorarified Mandamus calling for the records relating to the order of the second respondent made in S.O. No.27/2022/E1 dated 21.05.2022 and that of the order of the first respondent made in Ref. No.B2/0157/2022-26 dated 20.05.2022 and to quash the same and to 1/6
consequently direct the respondents 1 to 3 to retain the petitioner in the present station at the Nilgiris.
(Prayer amended vide order dated 16.11.2022 made in W.M.P. No.29941 of 2022 in W.P. No.18164 of 2022 by AQJ) For Petitioner ...
Mr.L.Chandrakumar For Respondents ...
Mr.Stalin Abimanyu, Additional Government Pleader for R1 to R3 Mr.T.Arunkumar, Additional Government Pleader for R4
ORDER
This writ petition has been filed, challenging the impugned transfer order dated 21.05.2022 under which the petitioner has been transferred from Ooty to Vaigai Dam on account of administrative reasons. 2.The petitioner claims that it will be very difficult for him to work at Vaigai Dam as his entire family is at Ooty. The petitioner's wife is also employed in the very same department at Ooty. 2/6
3.A counter has been filed by the third respondent denying the contentions of the petitioner and they would categorically contend that only for administrative reasons, the petitioner has been transferred to Vaigai Dam that too pursuant to the directions issued by the Madurai Bench of Madras High Court.
4.Learned counsel for the petitioner submitted that scope for interference in transfer order is limited.
5.However, this Court is not expressing any opinion on merits of the petitioner's claim.
6.Without going into the merits of the petitioner's claim, in the ends of justice, this Court deems it fit to direct the petitioner to submit a representation.
7.For the foregoing reasons, this Court directs the petitioner to submit a representation to the first respondent requesting for his re-transfer to 3/6
Nilgiris or to any other neighbouring Districts, within a period of one week from the date of receipt of a copy of this order. On receipt of the said representation, the first respondent is directed to pass final orders, on merits and in accordance with law, within a period of eight weeks thereafter. 8.With the aforesaid direction, the writ petition stands disposed of. Consequently, connected miscellaneous petition is closed. No costs. 16.12.2022 vga 4/6
To 1.The Principal Chief Conservator of Forests, Saidapet, Chennai-15.
2.The Additional Principal Chief Conservator of Forests and Director, Tamil Nadu Forest Academy, Coimbatore-2.
3.The District Forest Officer, Nilgiris Division, Ooty.
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ABDUL QUDDHOSE, J.
vga W.P.No.18164 of 2022 and W.M.P. No.17499 of 2022 16.12.2022 6/6