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Madras High CourtWP/19165/2021disposed of

S.Selvan v. The Managing Director

2022-06-13Honourable Mr Justice D. Krishnakumar3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 13.06.2022

CORAM:

THE HONOURABLE MR.JUSTICE D.KRISHNAKUMAR W.P.NO.19165 OF 2021 S.Selvan ... Petitioner Vs.

1. The Managing Director, CMDA Tower, 5th Floor, Gandhi Irwin Road, Egmore, Chennai - 600 008.

2. The District Manager, Paiyanappalli, Krishnagiri - 635 001.

3. The Divisional Manager / Senior Regional Manager, Salem - 636 016.

... Respondents Prayer: Writ Petition is filed under Article 226 of the Constitution of India, seeking to issue a Writ of Mandamus, directing the Respondents to consider the petitioner's representation dated 21.08.2021 requesting the Respondents to transfer his work place from TASMAC Shop No.2995, Hosur to TASMAC Shop No.3006, Hosur in a stipulated time as fixed by this Court.

For Petitioner :

Mr.P.Ramanathan For Respondents :

Mr.N.Damodaran Standing Counsel

ORDER

This writ petition has been filed seeking to issue a Writ of Mandamus, directing the respondents to consider the petitioner's representation dated 21.08.2021 requesting the respondents to

transfer his work place from TASMAC Shop No.2995, Hosur to TASMAC Shop No.3006, Hosur in a stipulated time as fixed by this Court.

2. According to the petitioner, the petitioner was working as a Supervisor at TASMAC Shop No.3006, Retail Liquor Shop, TASMAC, Hosur, Krishnagiri District. During a surprise inspection of the shop by the District Manager, Namakkal, it was found that the liquor was sold at an extra price. Hence, the petitioner was instructed to pay a sum of Rs.11,800/- and accordingly, he paid the same. Thereafter, the District Manager stated that there is no previous offence as against the petitioner and hence, no further action taken against him. But, the Senior Regional Divisional Manager has passed the impugned transfer order.

3. According to the petitioner, the petitioner has made a representation dated 21.08.2021 to the respondents to transfer his work place from TASMAC Shop No.2995, Hosur to TASMAC Shop No.3006, Hosur. The said request has not been considered. Hence, he filed the instant writ petition before this Court.

4. In view of the catena of decisions rendered by this Court, normally this Court will not interfere with the transfer orders passed by the respondents/Corporation on the ground of public interest or on administrative reasons, unless there is any mala fide or without jurisdiction. Therefore, the respondents are directed to consider the petitioner's representation dated 21.08.2021 and to take appropriate decisions as early as possible.

5. With the above observation, the writ petition stands disposed of. No costs.

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

1. The Managing Director, CMDA Tower, 5th Floor, Gandhi Irwin Road, Egmore, Chennai - 600 008.

2. The District Manager, Paiyanappalli, Krishnagiri - 635 001.

3. The Divisional Manager / Senior Regional Manager, Salem - 636 016.

+1cc to Mr.P.Ramanathan, Advocate, S.R.No.34379 W.P.No.19165 of 2021 AJB(CO) RLP(13/07/2022)