D.Lakshmanan v. Secretary To Government Of Tamil Nadu
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 03.09.2024
CORAM
THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH D.Lakshmanan S/o.Devadas ... Petitioner Vs.
1.The Secretary to Government of Tamil Nadu, Department of Higher Education, Secretariat, Chennai - 600 009.
2.The Secretary to Government of Tamil Nadu, Social Welfare Department, Secretariat, Chennai - 600 009.
3.The Director, Directorate of Social Welfare, Guindy, Chennai - 600 032.
4.The Annamalai University, represented by its Registrar, Annamalainagar, Chidambaram - 608 002.
5.The Child Development Project Officer, Child Development Project Office, Thiyagarajar Nagar, Vilamal, Thiruvarur District.
... Respondents 1/7
Writ Petition filed under Article 226 of the Constitution of India seeking issuance of a Writ of Mandamus directing the third respondent to consider and pass orders on the petitioner's representation dated 16.03.2024 in the light of Government Letter (Ms) No.92/S/09 dated 22.07.2009.
For Petitioner : Mr.V.Illanchezian For Respondents : Mr.K.Surendran, Additional Government Pleader [R1] Mr.P.Balathandayutham, Special Government Pleader [R2, R3 & R5] Mr.E.C.Ramesh, Standing Counsel [R4] *****
O R D E R
This writ petition has been filed seeking issuance of a writ of mandamus directing the third respondent to consider the representation made by the petitioner dated 16.03.2024 wherein the petitioner has sought for request transfer to Nagapattinam or in the alternative to Chidambaram District.
2. Heard Mr.V.Illanchezian, learned counsel for petitioner, Mr.K.Surendran, learned Additional Government Pleader appearing for first respondent, Mr.P.Balathandayutham, learned Special Government 2/7
Pleader appearing for respondents 2, 3 and 5 and Mr.E.C.Ramesh, learned Standing Counsel appearing for fourth respondent.
3. The case of the petitioner is that he was appointed as Office Assistant in Annamalai University in the year 2009. The third respondent, through proceedings dated 11.05.2017, transferred the petitioner to Thiruvarur District. The petitioner also joined the office of the fifth respondent. The further case of the petitioner is that he is a differently abled person suffering from locomotor disability. Therefore, he is finding it difficult to shuttle between Thiruvarur to Chidambaram to visit his family.
4. In view of the above, the petitioner made a representation to the third respondent to consider transferring the petitioner either to Nagapattinam or Chidambaram. Since the same was not considered, the present writ petition has been filed before this Court.
5. Taking into consideration the facts and circumstances of the case and without going into the merits of the case, there shall be a direction to third respondent to consider the representation made by the 3/7
petitioner on 16.03.2024 on its own merits and in accordance with law and take a decision and convey the same to the petitioner within a period of six (6) weeks from the date of receipt of a copy of this order.
6. The petitioner is directed to make a fresh representation to the third respondent along with a copy of this order. This writ petition is disposed of with the above direction. No costs.
03.09.2024 Note : Issue order copy by 05.09.2024 Index: yes/no Speaking Order/Non-Speaking Order gm To 1.The Secretary to Government of Tamil Nadu, Department of Higher Education, Secretariat, Chennai - 600 009.
2.The Secretary to Government of Tamil Nadu, Social Welfare Department, Secretariat, Chennai - 600 009.
3.The Director, Directorate of Social Welfare, Guindy, Chennai - 600 032.
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4.The Annamalai University, represented by its Registrar, Annamalainagar, Chidambaram - 608 002.
5.The Child Development Project Officer, Child Development Project Office, Thiyagarajar Nagar, Vilamal, Thiruvarur District.
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N.ANAND VENKATESH, J gm 03.09.2024 6/7