M. Boominathan, v. The Inspector Of Panchayats

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 27.08.2019

CORAM:

THE HONOURABLE MR.JUSTICE S.M.SUBRAMANIAM and M.P.(MD) No.2 of 2010 M.Boominathan ... Petitioner vs.

1.The Inspector of Panchayats District Collector Sivagangai District 2.The Block Development Officer Kalayarkoil Panchayat Union Sivagangai District 3.The President Marakkathur Village Panchayat Kalayarkoil Panchayat Union Sivagangai District 4.R.Chandrasekar ... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India for issuance of writ of certiorari to call for the records relating to the impugned order passed by the second respondent vide Na.Ka.P3/1629/10 dated 07.05.2010.

For Petitioner :

Mr.D.Shanmugaraja Sethupathi For Respondents :

Mr.D.Muruganandham Additional Government Pleader for R1 to R3 Mr.K.Appadurai for R4

O R D E R

The order of transfer, dated 07.05.2010, issued by the second respondent, transferring the writ petitioner from Aerivayal Panchayat to Marakkathur Panchayat, is under challenge in the present writ petition.

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2. The impugned order of transfer was issued in the year 2010. This apart, the transfer of the writ petitioner was within the same Taluk. This being the factum, at this length of time, this Court cannot consider the grounds raised in the present writ petition.

3. Transfer is an incidental to service, moreso, a condition of service. The writ petitioner was transferred to a nearby place on administrative grounds. Such administrative grounds cannot be interfered with by the Courts in a routine manner. This apart, nine years lapsed from the date of passing of the impugned order in proceedings, dated 07.05.2010. Under these circumstances, this Court is of the considered opinion that the writ petitioner cannot claim a particular Station for many years. This apart, a public servant has to work wherever he is posted. An order of transfer can be challenged on certain limited grounds.

In the present case, though the writ petition was filed in the year 2010, the learned counsel for the writ petitioner is also unable to ascertain whether the writ petitioner is continuing in the same station or transferred to some other station. This being the factum, no useful purpose would be served by keeping the writ petition pending for an unspecified period. In the event of any other grievance exists to the writ petitioner, it is left open to him to approach the competent authority for redressal. As far as the impugned order of transfer is concerned, the same was issued in the year 2010 on administrative grounds and no relief can be granted as such sought for in the present writ petition.

4. Accordingly, the writ petition stands dismissed. No costs. Consequently, connected miscellaneous petition is closed. Sd/- Assistant Registrar // True Copy // Sub Assistant Registrar(CS) To:

1.The Inspector of Panchayats, District Collector, Sivagangai District.

2.The Block Development Officer, Kalayarkoil Panchayat Union, Sivagangai District.

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3.The President, Marakkathur Village Panchayat, Kalayarkoil Panchayat Union, Sivagangai District.

+1 CC to M/s.D.SHANMUGARAJA SETHUPATHI, Advocate ( SR-84283[F] dated 29/08/2019 ) and M.P.(MD) No.2 of 2010 27.08.2019 krk JMN(05.09.2019) 3P : 5C 3/3