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Madras High CourtWP/30672/2018disposed of

P.Yasodha v. The District Collector

2018-11-22Honourable Dr. Justice S. Vimala3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATE : 22.11.2018

CORAM

THE HONOURABLE DR. JUSTICE S.VIMALA W.P. NO.30672 OF 2018 P.Yasodha .. Petitioner - Vs -

1. The District Collector Krishnagiri District Krishnagiri.

2. The Block Development Officer (Village Panchayat) Kaveripattinam Panchayat Union Kaveripattinam, Krishnagiri Dist.

.. Respondents Writ Petition filed under Article 226 of the Constitution of India praying this Court to issue a writ of mandamus directing the 1st respondent herein to consider the representation dated 05.05.2018 of the petitioner in the light of G.O. Ms. No.163, SW & NMP Dept., dated 18.8.2010 regarding reposting of the petitioner to G.H.S.S. Agaram, Karimangalam Panchayat Union, Palacode Taluk, Dharmapuri District, the place where the petitioner was originally suspended and subsequently revoked instead of Nattankottai Centre and pass orders in accordance with law within a limited time frame.

For Petitioner : Mr. R.Thamaraiselvan For Respondents : Mr. A.N.Thambidurai, AGP for R-1 Mr. Ansar, GA for R-2

ORDER

The petitioner was working as noon meal organiser in Government Higher Secondary School, Agaram, Kaveripattinam Panchayat Union, Krishnagiri District. Whileso, on 8.6.2012, the petitioner was placed under suspension on the ground that criminal case has been registered against her in Crime No.186/2012 u/s 379 IPC. Explanation was called for from the petitioner to which, the petitioner submitted her explanation.

Being satisfied with the explanation, the respondent revoked the suspension on 30.11.12. However, the petitioner was posted to Nattankottai Centre, which is 25 Kms., away from the residence of the petitioner. Against the said transfer and posting, the petitioner submitted her representation dated 15.12.12 to the respondent seeking posting at her erstwhile place. In the meantime, the criminal case, registered against her, ended in acquittal on 18.12.2017. Subsequent to the same, the petitioner submitted another representation dated 5.5.18 requesting transfer back to Agaram centre quoting G.O. Ms. No.163, SW NMP Dept., dated 18.8.2010. Since no order has been passed on the representations submitted her, the petitioner has come before this Court by filing the present writ petition.

2. Mr. A.N.Thambidurai, learned Addl. Government Pleader takes notice for the 1st respondent and Mr.Ansar, learned Government Advocate, takes notice for the 2nd respondent.

3. Heard the learned counsel appearing on either side and perused the materials available on record.

4. In view of the limited relief sought for, this Court is of the view that it would be suffice to direct the respondents to consider the representation submitted by the petitioner in the light of G.O. Ms. No.163, SW & NMP Dept., dated 18.08.2010, within a particular time frame.

5. In the above circumstances, this writ petition is disposed of directing the 1st respondent to consider the representation dated 5.5.2018, submitted by the petitioner and pass orders thereon, in accordance with law, within a period of eight weeks from the date of receipt of a copy of this order. No costs.

Sd/- Assistant Registrar //True Copy// Sub Assistant Registrar GLN To

1. The District Collector Krishnagiri District Krishnagiri.

2. The Block Development Officer (Village Panchayat) Kaveripattinam Panchayat Union Kaveripattinam, Krishnagiri District.

+1 cc to M/s.R.Thamarai Selvan, Advocate Sr.No.79635 +1 cc to The Government Pleader, Sr.No.80492 W.P. NO. 30672 OF 2018 CNR(CO) CSL/19.12.2018