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Madras High CourtWP/18160/2004disposed of

D.Joseph Dhanapaul v. The District Educational

2017-07-28Honourable Mr Justice M.V. Muralidaran2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED :28.07.2017

CORAM

THE HONOURABLE MR.JUSTICE M.V.MURALIDARAN W.P.No.18160 of 2004 and W.P.M.P.No.21635 of 2004 D.Joseph Dhanapaul ... Petitioner Vs.

1.The District Educational Officer, Nagercoil.

2.The Chief Educational Officer, Nagercoil.

3.The Headmaster, Government High School, Thirupathysaram.

... Respondents Prayer:

Petition filed under Article 226 of the Constitution of India to issue a Writ of Certiorari to call for records relating to the impugned order dated 18.06.2004 of the 2nd respondent made in Na.Ka.No.4915/A2/04 to quash the same. For Petitioner :Mr.L.Chandrakumar For Respondents :Mrs.M.E.Rani Selvam Additional Government Pleader

O R D E R

Challenging the order of the second respondent dated 18.06.2004, the petitioner has filed the present writ petition.

2. I heard the submissions of Mr.L.Chandrakumar, learned counsel appearing for the petitioner and Mrs.M.E.Rani Selvam, Additional Government Pleader appearing for the respondents.

3. Though the petitioner challenges the order of transfer in Na.Ka.No.4915/A2/04 dated 18.06.2004 passed by the 1st respondent. This Court, while admitting the writ petition, granted Interim Stay of the operation of the said order. Pursuant to the said Interim Stay granted by this Court, the https://hcservices.ecourts.gov.in/hcservices/

petitioner was permitted to continue his service in the same post and till date, he is continuing his service.

4. Though the writ petition was filed in the year of 2004 and nearly 13 years have lapsed, the petitioner is continuing in the same post by obtaining an order of interim stay, the respondents have not filed any petition to vacate the stay granted, till date. Since the writ petitioner is continuing in service for the past 13 years, no order is required to be passed in the main writ petition, at this stage.

5. Accordingly, this writ petition is closed. No costs. Consequently, connected miscellaneous petition is closed. s/d- Assistant Registrar(CS-III) True Copy Sub-Assistant Registrar To 1.The District Educational Officer, Nagercoil.

2.The Chief Educational Officer, Nagercoil.

3.The Headmaster, Government High School, Thirupathysaram.

+1 CC to Govt. Pleader sr 54406.

+1 CC to Mr.L. Chandrakumar, advocate sr 53879. W.P.No.18160 of 2004 MN(CO) sp(22/08/2017) https://hcservices.ecourts.gov.in/hcservices/