A.Sekar v. The State Of Tamil Nadu
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 25.04.2025
CORAM:
THE HONOURABLE MR.JUSTICE C.V.KARTHIKEYAN and WMP Nos.33498 and 33499 of 2024 1.A.Sekar 2.G.Vivek 3.V.Shanthi 4.K.Thamodhari ... Petitioners Vs 1.The State of Tamil Nadu, Represented by its Principal Secretary to Government, Adi Dravidar and Tribunal Welfare Department, Secretariat, Fort St.George, Chennai-600 009.
2.The Director of Adi Dravidar Welfare, Ezhilagam, Chepauk, Chennai-600 005.
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3.The District Adi Dravidar and Tribal Welfare Officer, Dharmapuri District, Dharmapuri.
4.The District Adi Dravidar and Tribal Welfare Officer, Cuddalore District, Cuddalore.
5.The District Adi Dravidar and Tribal Welfare Officer, Coimbatore District, Coimbatore.
6.The District Adi Dravidar and Tribal Welfare Officer, Erode District, Erode. .... Respondents Prayer: Writ petition filed under Article 226 of the Constitution of India, for the issuance of a Writ of Certiorari, calling for the records relating to the impugned proceedings issued by the second respondent in Na.Ka.No.O3/22155/2023 dated 07.10.2024 and to quash the same and pass orders.
For Petitioners : Mr.G.Sankaran Senior Counsel for S.Nedunchezhiyan For Respondents : Mr.R.Neeladandan Additional Advocate General Assisted by E.Sundaram Government Advocate 2/8
O R D E R
The writ petition has been filed seeking records relating to the proceedings of the second respondent dated 07.10.2024 and quash the same.
2. In the affidavit filed in support of the writ petition, it had been contended that the writ petitioners are working as Tutor cum Warden/Secondary Grade Matron in Adi Dravidar Welfare Department. The first respondent had issued G.O.(Pa).No.176, Adi Dravidar and Tribal Welfare Department dated 29.08.2024 framing guidelines for transfer counselling for the academic year 2024-25. The second petitioner and others had filed W.P.No.29499 of 2024, questioning the guidelines issued. That writ petition is still pending. But however, on the basis of G.O.(Pa).No.176, the proceedings impugned in the present writ petition had been filed. This is also restricted to the academic year 2024-25, which comes to an end in May, 2025.
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3. A learned Single Judge of this Court had granted status quo holding that when the main Government order itself is under challenge in WP No.29499 of 2024, it would not be appropriate on the part of the respondent to issue consequential proceedings.
4. Learned Senior Counsel for the petitioner had very fairly stated that the petitioners may be permitted to challenge G.O.(Pa).No.176 in W.P.No.29499 of 2024 raising all issues relating to the guidelines since it is apprehended that those guidelines would also be followed in subsequent counseling in subsequent years whenever counseling opens up. But the present writ petition is confined only to the consequential proceedings. This writ petition can be closed as being infructuous as no purpose would be served by placing an embargo on the respondents from conducting counseling.
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5. As a matter of fact, the respondents have also filed W.M.P.No.17209 of 2025 to vacate the order of status quo granted by the learned Single Judge.
6. Learned Additional Advocate General pointed out that the scope of the present writ petition is to question the consequential proceedings and order of status quo had been granted in this consequential proceedings, whereas G.O.(Pa).No.176 had also been challenged and no interim order had been passed in W.P.No.29499 of 2024.
7. This argument of the learned Additional Advocate General carries much force and balancing this with the fair statement made on behalf of the petitioner by the learned Senior Counsel, I hold that it would only be appropriate that the writ petition stands closed as disposed of, giving liberty to the petitioners to raise all grounds in W.P.No.29499 of 2024, wherein the petitioners have challenged G.O.(Pa).No.176 dated 29.08.2024. 5/8
8. The order of status quo stands vacated and WMP Nos.17209 of 2025 stands allowed. The writ petition stands disposed of. The respondent may proceed further with the fresh counseling for the academic year 20252026. There shall be no order to costs. Consequently, connected miscellaneous are closed.
25.04.2025 Index: Yes/no mrn To 1.The Principal Secretary to Government, The State of Tamil Nadu, Adi Dravidar and Tribunal Welfare Department, Secretariat, Fort St.George, Chennai-600 009.
2.The Director of Adi Dravidar Welfare, Ezhilagam, Chepauk, Chennai-600 005.
3.The District Adi Dravidar and Tribal Welfare Officer, Dharmapuri District, Dharmapuri.
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4.The District Adi Dravidar and Tribal Welfare Officer, Cuddalore District, Cuddalore.
5.The District Adi Dravidar and Tribal Welfare Officer, Coimbatore District, Coimbatore.
6.The District Adi Dravidar and Tribal Welfare Officer, Erode District, Erode.
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C.V.KARTHIKEYAN, J.
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