C.Gnanasekaran v. The District Collector

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 02.07.2025

CORAM

THE HONOURABLE MR.JUSTICE C.KUMARAPPAN and W.M.P.No.26788 of 2025 C.Gnanasekaran ... Petitioner Vs.

1.The District Collector, O/o. the District Collector Salem District 2.The Revenue Divisional Officer, Attur, Salem District.

3.The Tashildar, Thalaivasal Thaluk, Salem District ... Respondents Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Certiorarified Mandamus, to call for the records of the impugned order in Na.Ka.No.E2814818/2024/T3 dated 20.05.2025 and quash the same and consequently to post the petitioner in any one of the place Navakuruchi or Periyeri as Panchayat Secretary based on the petitioner's representation dated 04.06.2025. 1/6

For Petitioner : Mr.M.G.Ramachandiran for M/s.S.Vinodha For Respondents : Mr.N.Naveen Kumar Government Advocate

O R D E R

By consent of both the learned counsel for the parties, the Writ Petition is taken up for final disposal, at the admission stage itself.

2. The instant writ petition has been filed with a prayer for issuing a Certiorarified Mandamus, to call for the records of the impugned order in Na.Ka.No.E2814818/2024/T3 dated 20.05.2025 and quash the same and consequently to post the petitioner in any one of the place Navakuruchi or Periyeri as Panchayat Secretary based on the petitioner's representation dated 04.06.2025.

3. Heard the learned counsel for both sides and perused the materials available on record.

4. The learned counsel for the petitioner would submit that the 2/6

petitioner was appointed as Village Panchayat Secretary on 04.10.2004 in Vellaiyur, Salem District. Thereafter, the petitioner was transferred from Vellaiyur Panchayat of Thalaivasal Panchayat Union, to 95-Belur Panchayat under Gangavalli Panchayat Union, by the impugned order of the 1st respondent in Proceedings in Na.Ka.No.E2814818/2024/T3, dated 20.05.2025. The learned counsel for the petitioner would submit that his mother is residing at Vellaiyur Village and she is aged about 80 years. Therefore, his presence at Vellaiyur Village is very much essential. Hence, prayed to interfere with the impugned order of transfer dated 20.05.2025.

5. It is the further submission of the petitioner that he has also given a representation to the 1st respondent on 04.06.2025 to retransfer him to Vellaiyur Panchayat or any other Panchayat within Thalaivasal Panchayat Union.

6. At this juncture, the learned Government Advocate appearing for the respondents would strongly object the contention of the petitioner and would submit that the petitioner cannot challenge the transfer order on the basis of his convenience and this Court while exercising the power of 3/6

judicial review, cannot interfere with the transfer order. Hence, prayed to dismiss the writ petition.

7. I have given my anxious consideration to the submissions made on either side.

8. As rightly contended by the learned Government Advocate appearing for the respondents, that this Court while sitting under Article 226 of the Constitution of India cannot do micro management in respect of transfer of a Panchayat Secretary and it is for the administration to take a call on it according to their own administrative wisdom. Therefore, this Court do not find any merits in the present writ petition. Hence, the same is liable to be dismissed.

9. However, learned counsel for the petitioner would invite the attention of this Court about his representation dated 04.06.2025. Since his representation is yet to be considered by the 1st respondent, this Court deems it appropriate to direct the 1st respondent to consider the petitioner's representation dated 04.06.2025 and pass orders on it's own merits and in 4/6

accordance with law, within a period of six weeks from the date of receipt of copy of this order.

10. In the result, the present Writ Petition is dismissed with the above direction. No costs. Consequently, the connected writ miscellaneous petition is closed.

02.07.2025 Index : Yes/No Speaking order /Non Speaking Order dm To 1.The District Collector, O/o. the District Collector Salem District 2.The Revenue Divisional Officer, Attur, Salem District.

3.The Tashildar, Thalaivasal Thaluk, Salem District 5/6

C.KUMARAPPAN, J.

dm 02.07.2025 6/6