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Madras High CourtWA(MD)/134/2018disposed of

The Secretary v. P.Karuthathurai

2018-02-14Honourable Mr Justice T. S. Sivagnanam,Honourable Mrs Justice R. Tharani3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 14.02.2018

CORAM:

THE HONOURABLE Mr.JUSTICE T.S.SIVAGNANAM AND THE HONOURABLE Mrs.JUSTICE R.THARANI W.A.(MD).Nos.134 and 135 of 2018 and C.M.P.(MD)Nos.699 and 700 of 2018 W.A.(MD)No.134 of 2018:

2. The Transport Commissioner,

3. The Regional Transport Officer, Tenkasi, Tirunelveli District.

... Appellants Vs.

P.Karuthathurai ... Respondent PRAYER:This appeal is filed under Clause 15 of Letters Patent, to set aside the order dated 28.08.2017 in W.P.(MD)No.23917 of 2016. Prayer in WP(MD)No.23917/ 2016 :

Writ Petition is filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Certiorari to call for the records pertaining to the impugned order in Proc.No.6521/R3/2016 (E.O.No.325/2016) dated 01.12.2016 on the file of the Respondent No.2 and quash the same as illegal. For Appellants : Mr.V.R.Shanmuganathan For Respondent : Mr.S.Louis

W.A.(MD)No.135 of 2018:

2. The Principal Secretary, The Transport Commissioner, 3.The Regional Transport Officer, Tenkasi, Tirunelveli District.

... Appellants Vs.

1.P.Karuthathurai 2.S.Jaffer Ali Ahamed ... Respondents PRAYER:This appeal is filed under Clause 15 of Letters Patent, to set aside the order dated 28.08.2017 in W.P.(MD)No.11768 of 2017. Prayer in WP(MD)No.11768/ 2017 :

Writ Petition is filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Certiorari, to call for the records pertaining to the impugned order in Proc. No. 6521/R3/2017 (E.O.No.386/2017) dated 19.06.2017 on the file of the Respondent No. 2 and quash the same as illegal and pass any further or other orders as this Hon'ble court. For Appellants : Mr.V.R.Shanmuganathan For Respondent No.1 : Mr.S.Louis COMMON JUDGMENT (Judgment of this Court was delivered by T.S.SIVAGNANAM, J) These appeals by the state, are directed against the order passed in W.P(MD).Nos.23917 of 2016 and 11768 of 2017, which was filed questioning the order of transfer. During the pendency of the said writ petitions, on account of interim direction issued by this Court, the second appellant by order dated 09.02.2018, cancelled the order dated 01.12.2016 and posted the writ petitioner to the Regional Transport Office, Marthandam, Kanyakumari District in an

existing vacancy.

2.The learned counsel for the respondent/writ petitioner submits that the writ petitioner has joined in the transferred place.

3.In view of the aforesaid order passed by the second appellant dated 09.02.2018, these writ appeals are disposed of accordingly. No costs. Consequently, connected miscellaneous petitions are closed.

Sd/- Assistant Registrar (Crl.side) /True Copy/ Sub Assistant Registrar To

2. The Transport Commissioner,

3. The Regional Transport Officer, Tenkasi, Tirunelveli District.

+ 1 CC TO Mr.S.LOUIS, ADVOCATE IN SR No. 48755 + 1 CC TO SPECIAL GOVERNMENT PLEADER IN SR No. 48819 & 49320 MRN/RMK TE/KKR/SAR-4 : 02/03/2018 : 3P/6C W.A.(MD).Nos.134 and 135 of 2018 14.02.2018