Madras High CourtWP(MD)/484/2021dismissed

Subbulakshmi. M v. The District Collector

2021-11-25Honourable Mr Justice B.Pugalendhi3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 25.11.2021

CORAM:

THE HONOURABLE MR.JUSTICE B.PUGALENDHI W.M.P.(MD).Nos.413 & 414 of 2021 M.Subbulakshmi ... Petitioner versus 1.The District Collector, Madurai District, Madurai.

2.The Revenue Divisional Officer, 3.T.H.Lakshmi, Special Tahsildar (Land Acquisition), SIPCOT, Unit-I, ... Respondents Writ Petition filed under Article 226 of the Constitution of India, seeking for the issuance of Writ of Certiorari, to call for the records relating to the impugned order made in Na.Ka.No.PaA.1/02/2020-2 passed by the first respondent dated 31.12.2020 and quash the same.

For Petitioner : Mr.P.R.Prithiviraj For Respondents : Mr.P.T.Thiraviam Government Advocate for RR1 & 2

O R D E R

This Writ Petition has been filed as against the order of the first respondent herein in Na.Ka.No.PaA.1/02/2020-2 dated 31.12.2020, in and by which, the petitioner has been de-promoted as Deputy Tahsildar and transferred from Kallikudi to Melur Taluk,

2. The grievance of the petitioner is that the petitioner was already promoted as Tahsildar by proceedings dated 14.07.2020 and thereafter, without providing any opportunity, he has been depromoted as Deputy Tahsildar and transferred from Kallikudi to Melur Taluk, Madurai District.

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3. Mr.P.T.Thiraviam, learned Government Advocate takes notice on behalf of the respondent Nos.1 and 2 and submits that the proceedings dated 14.07.2020 was prepared depending upon the existing vacancy at that relevant point of time in the Madurai Revenue Unit. Subsequently, the SIPCOT Land Acquisition Scheme was cancelled vide G.O.(MS).No.268, Industries (SIPCOT-LA) Department, dated 21.12.2020. Hence, the three Tahsildar posts sanctioned to the Madurai Revenue Unit for the above said scheme were abolished. Consequent to that, the petitioner along with two others were reverted back to the earlier post as they were the juniors in the seniority lists.

4. It appears that the petitioner was promoted as Tahsildar in the Madurai Revenue Unit, depending upon the vacancy existing at that relevant juncture. However, due to cancellation of the scheme in the Madurai Revenue Unit, he has been de-promoted as Deputy Tahsildar. Moreover, the petitioner is the Junior most persons in the seniority list. Hence, the first respondent de-promoted the petitioner as Deputy Tahsildar. This Court does not find any illegality or infirmity in the order passed by the first respondent.

5. Accordingly, this Writ Petition stands dismissed. No costs. Consequently, connected miscellaneous petitions are also closed. Sd/- Assistant Registrar (CS III) // True Copy // / /2021 Sub Assistant Registrar(CS) ssb Note: In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate/litigant concerned.

To 1.The District Collector, Madurai District, Madurai.

2.The Revenue Divisional Officer, 2/3

3.T.H.Lakshmi, Special Tahsildar (Land Acquisition), SIPCOT, Unit-I, +1 CC to M/s.D.SADIQ RAJA, Advocate (SR-36363[F] dated 29/11/2021) +1 CC to M/s.SPL GP ( SR-36069[F] dated 26/11/2021 ) 25.11.2021 NSN(CO) SB(28.12.2021) 3P 6C 3/3