S.Prakalathan v. The District Collector,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 23.10.2019

CORAM

THE HON'BLE MR.JUSTICE M.DHANDAPANI W.P.No.30231 of 2019 and W.M.P.No.30204 of 2019 S.Prakalathan ... Petitioner Vs.

1.The District Collector, Office of the District Collector, Tiruppur District 2.The Director of Planning, Rural Development, Tiruppur District 3.The Block Development Officer, (Village Panchayat), Udamalpet Taluk, Tiruppur District 4.Ganesh Boopathy ... Respondents Prayer:- Writ petition filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus, directing the respondents 1 to 3 to implement the proceedings of the third respondent dated 08.03.2019 in Na.Ka.No.219/2016/Aa1 by relieving the fourth respondent from the Bodipatti Panchayat, Udamalpet Taluk, Tiruppur District with immediate effect.

For Petitioner : Mr.R.Bakyaraj For R1 and R2 : Mr.R.S.Selvam, Government Advocate For R3 : Mr.Sakthivel

O R D E R

By consent, this writ petition is taken up for final disposal at the admission stage itself.

2.The case of the petitioner is that the petitioner is the permanent resident of Bodipatti Panchayat, Udamalpet Taluk, Tiruppur District. The fourth respondent Ganesh

Boopathy functioning as Panchayat Secretary was transferred by the third respondent to Chinnakumarapalayam Panchayat on 08.03.2019, but till date the transfer order has not been given effect to. Hence the petitioner has filed the present petition.

3.Heard both sides.

4.The learned counsel for the petitioner submitted that it would suffice if a direction is issued to the third respondent to implement the order dated 08.03.2019, which has not been given effect to so far.

5.The fourth respondent is arrayed as party in the writ petition and the petitioner has sought for limited prayer to implement the order of the third respondent. Hence there is no need to issue notice to the fourth respondent since no adverse order has been passed against the fourth respondent. Considering the facts and circumstances of the case, this Court without going into the merits of the case, directs the third respondent to implement the order dated 08.03.2019 if there is no legal impediment and to communicate the result of the same to the petitioner as expeditiously as possible. 6.With the above direction, this writ petition stands disposed of. Consequently, connected miscellaneous petition is closed. No costs.

Sd/- Assistant Registrar(CCC) //True copy// Sub Assistant Registrar lok To 1.The District Collector, Office of the District Collector, Tiruppur District 2.The Director of Planning, Rural Development, Tiruppur District 3.The Block Development Officer, (Village Panchayat), Udamalpet Taluk, Tiruppur District

+1cc to Mr.R.Bakyaraj, Advocate SR.No.89502 +1cc to Government Pleader SR.No.89215 W.P.No.30231 of 2019 NMI(CO) GMY(13/11/2019)