Madras High CourtWP/19127/2024dismissed

K.Senthilkumar v. The District Collector

2024-07-18Honourable Mr Justice G.K. Ilanthiraiyan6 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 18.07.2024

CORAM:

THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN K.Senthil Kumar

...Petitioner

-Vs1. The District Collector, Collectorate,

2. Personal Assistant to Collector, (Development), Collectorate, Salem District.

3. Assistant Director of Rural Development (Panchayat), Collectorate,

4. Assistant Director of Rural Development (Audit), Collectorate,

5. Block Development Officer (Village Panchayat), Omalur,

6. Block Development Officer (Village Panchayat), Kadayampatti,

...Respondents

Prayer : Writ Petition filed under Article 226 of Constitution of India praying for the issuance of a Writ of Mandamus, directing the respondents to consider the request of the petitioner to accommodate either in Pachanampatti or in a vacant place at Poosaripatti, as the petitioner was subjected to four frequent transfers within a short span of 26 months, by considering the petitioner's representation dated 18.03.2024.

For Petitioner : Mr.V.Ravikumar For R1 to R4 : Mr.V.P.R.Elamparithi Additional Government Pleader For R5 and R6 : Mrs.V.Yamuna Devi Special Government Pleader

ORDER

This Writ Petition has been filed for direction directing the respondents to consider the request of the petitioner to accommodate either in Pachanampatti or in a vacant place at Poosaripatti, as the petitioner was subjected to four frequent transfers within a short span of 26 months, by considering the petitioner's representation dated 18.03.2024.

2. Heard the learned counsel on either side and perused the materials available on record.

3. The petitioner was initially appointed as Panchayat Secretary on 24.12.2021, Karuvalli Panchayat, Salem District. Thereafter, he was transferred to Poosaripatti Panchayat on 14.10.2022. Once again, the petitioner was transferred to Pommiyampatti Panchayat. While being so, the petitioner was served with a charge memo dated 01.11.2023. Pursuant to the issuance of charge memo, the petitioner was placed under suspension by the proceedings dated 20.12.2023. Subsequently, the order of suspension was revoked and once again, the petitioner was posted to Pachanampatti Panchayat. Pending enquiry, the petitioner was transferred from Pachanampatti Panchayat to Moongilpadi Panchayat, on 15.02.2024. Without challenging the order of transfer, the petitioner had joined as Panchayat Secretary, Moongilpadi. Now, the petitioner made a representation seeking to retain him in the same place viz., Pachanampatti or transfer to Poosaripatti.

4. After having been joined in the transferred place, after a period of five years, the petitioner, now submitted a representation to retain him in Pachanampatti that too without challenging the order of transfer. That apart, the petitioner is also facing charges.

5. Therefore, the representation submitted by the petitioner cannot be considered and the writ petition is devoid of merits and is liable to be dismissed. Accordingly, this writ petition stands dismissed. No costs. 18.07.2024 Internet: Yes Index : Yes/No Speaking/Non Speaking order mn

1. The District Collector, Collectorate,