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Madras High CourtWP/22831/2021disposed of

R.Parthasarathy v. The Commissioner Of Municipal Administration

2021-10-25Honourable Mr Justice C. Saravanan2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 25.10.2021

CORAM

THE HONOURABLE MR.JUSTICE C.SARAVANAN W.P.No.22831 of 2021 (Through Video Conferencing) R.Parthasarathy ... Petitioner Vs 1.The Commissioner of Municipal Administration, Chennai - 600 028.

2.The Municipal Commissioner, Tambaram Municipality, Tambaram, Chennai - 600 045.

3.The Municipal Commissioner, Tindivanam Municipality, Tindivanam, Villupuram District.

... Respondents Prayer: Petition filed under Article 226 of the Constitution of India to issue a Writ of Mandamus directing the first respondent to consider the claim of the petitioner for retransfer to Tambaram Municipality as Wireman in the light of his representation dated 14.07.2021.

For Petitioner : Mr.S.Balakrishnan For Respondents :

For R1 : Mr.L.S.M.Hasan Fizal Government Advocate For R2 & R3 : Mr.N.K.Ponraj for Mr.P.Srinivas

ORDER

Mr.L.S.M.Hasan Fizal, learned Government Advocate takes notice on behalf of the first respondent and Mr.N.K.Ponraj, learned representing counsel for Mr.P.Srinivas, learned counsel takes notice on behalf of the second and third respondents.

2. This writ petition has been filed for issuance of a Mandamus, to direct the first respondent to consider the claim/request of the petitioner to retransfer the petitioner to Tambaram Municipality as Wireman in the light of his representation dated 14.07.2021.

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3. It is the case of the petitioner that the petitioner has been wrongly transferred based on a wrong notion that the petitioner has sending letters/representations. The petitioner has now enclosed the copies of letter dated 10.10.2019 from the Deputy Director and the report dated 04.12.2019 from the Forensic Science Department confirming that the petitioner had no role in sending those letters/representations.

4. It is further case of the petitioner that the petitioner has been working all along in Tambaram and there was no scope for any complaint against the petitioner and now the petitioner has been transferred to Tindivanam.

5. Though the petitioner has made elaborate submission, the content of a letter dated 10.10.2019 and report dated 04.12.2019 have not been furnished to the second and third respondents. This Writ Petition is therefore disposed by directing the petitioner to file appropriate application before the Regional Director of Municipal Administration. In case such application is made, the second and third respondents shall consider the same and pass appropriate orders within a period of four weeks from the date of receipt of a copy of this order in accordance with law and on merits. No costs.

Sd/- Assistant Registrar (CS-IX) //True Copy// Sub Assistant Registrar arb To 1.The Commissioner of Municipal Administration, Chennai - 600 028.

2.The Municipal Commissioner, Tambaram Municipality, Tambaram, Chennai - 600 045.

3.The Municipal Commissioner, Tindivanam Municipality, Tindivanam, Villupuram District.

+2cc to Mr.M.Ravi, Advocate, S.R.No.54895,54893 +1cc to the Government Pleader, S.R.No.55371 W.P.No.22831 of 2021 SR(CO) SB(23/11/2021) https://hcservices.ecourts.gov.in/hcservices/