Sumathi v. The State Of Tamil Nadu

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 29.08.2024

CORAM

THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH and W.M.P.Nos.27527 & 27528 of 2024 Sumathi, Village Administrative Officer, No.6/43C, Jublee Road, Jayamkondam, Ariyalur District - 621 802.

.. Petitioner Vs.

1.The State of Tamil Nadu, Rep. by the Principal Secretary to Government, Revenue and Disaster Management Department, Secretariat, Chennai - 600 009.

2.The District Collector, Ariyalur, 3.The Revenue Divisional Officer, Udayarpalayam, 4.The Tashildhar, 1/6

5.Kamaraj, Village Administrative Officer, Kattagaram (North) Village, 6.A.Poiyamozhi, Village Administrative Officer, Devamangalam Village, .. Respondents Prayer: 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.A1/1845/2024 dated 16.08.2024 passed by the 3rd respondent and quash the same, consequently direct the 3rd respondent to allow the petitioner to work as Village Administrative Officer at Kattagaram (South) Village. For petitioner :

Mr.M.R.Jothimanian for Mr.K.Balu For RR 1 to 4 :

Mr.G.Velu Additional Government Pleader

O R D E R

This writ petition has been filed challenging the proceedings of the 3rd respondent dated 16.08.2024 wherein the petitioner was transferred from Kattagaram (South) to Devamangalam Revenue District and for a consequential direction to the 3rd respondent to allow the petitioner to continue at Kattagaram (South) village as Village Administrative Officer. 2/6

2.Heard the learned counsel for the petitioner and the learned Additional Government Pleader for the respondents 1 to 4. 3.On carefully going through the impugned order dated 16.08.2024, it is seen that the transfer was administrative in nature. Even though the petitioner is raising a ground that it was a malafide transfer in order to accommodate some one else, this Court does not find any material to substantiate the same.

4.This Court does not want to deal with the merits of the case, since it will have some bearing if the petitioner makes a request to be retained in the same place.

5.In view of the above, this Court is not inclined to interfere with the impugned proceedings of the 3rd respondent dated 16.08.2024. It is left open to the petitioner to join in the transferred place at Devamangalam Revenue District. Thereafter, it is left open to the petitioner to make a representation by giving reasons and request for 3/6

re-transfer, before the 2nd respondent. The same shall be considered on its own merits and in accordance with law.

6.This Writ Petition is disposed of with the above terms. Consequently, the connected Miscellaneous Petitions are closed. No costs.

29.08.2024 krk Index : Yes / No Internet : Yes / No : Yes / No To 1.The State of Tamil Nadu, Rep. by the Principal Secretary to Government, Revenue and Disaster Management Department, Secretariat, Chennai - 600 009.

2.The District Collector, Ariyalur, Ariyalur District.

3.The Revenue Divisional Officer, Udayarpalayam, 4/6

4.The Tashildhar, 5.The Village Administrative Officer, Kattagaram (North) Village, 6.The Village Administrative Officer, Devamangalam Village, 5/6

N.ANAND VENKATESH, J.

krk 29.08.2024 6/6