Muneeswaran .P v. State Of Tamil Nadu

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 30.08.2024

CORAM:

THE HONOURABLE MR.JUSTICE R.VIJAYAKUMAR W.P(MD)No.2716 of 2022 and W.M.P(MD) Nos.2414 and 2415 of 2022 P.Muneeswaran ... Petitioner Vs.

1. The State of Tamil Nadu, Represented by its Principal Secretary, Adi Dravidar and Tribal Welfare Department, Fort. St.George, Chennai - 9.

2. The Commissioner of Adi Dravidar Welfare, Office of the Commissioner of Adi Dravidar Welfare, Chepauk, Chennai - 5.

3. The District Adi Dravidar & Tribal Welfare Officer, Office of the District Adi Dravidar & Tribal Welfare,

4. Mrs.R.Banumathy, B.T.Matron (English), Government Adi Dravidar Welfare Boys Hostel, Ayakudi, Palani Taluk, 1/5

5. Mr.K.P.Marudhupandian, B.T.Warden (Tamil) Government Adi Dravidar Welfare Boys Hostel, Pappampatti, Palani Taluk, ... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Certiorarified Mandamus, to call for the records pertaining to the impugned order in Na.Ka.No.O1/17810/2021, dated 19.01.2022 on the file of the second respondent and the impugned order in Na.Ka.No.O1/37368/2021-9, dated 22.01.2022 on the file of the second respondent and the consequential impugned order in Na.Ka.No.33133/ 2021/H6, dated 02.02.2022 on the file of the third respondent and quash the same as illegal and consequently for a direction, directing the respondents 1 and 2 to transfer and post the petitioner in the post of B.T.

Warden, Government Adi Dravidar Welfare Boys Hostel, Pappampatti, Palani Taluk, Dindigul District in view of the option exercised by the petitioner in the general transfer counselling for the post of B.T Warden/BT Teachers in Adi Dravidar Welfare Schools and Hostels in Dindigul District conducted on 19.01.2022 within the time period stipulated by this Court. For Petitioner : Mr.S.Rajasekar For R1 to R3 : Mr.J.

O R D E R

The instant writ petition has been filed by a B.T.Assistant (English), challenging the order of transfer from Adi Dravidar Welfare High School, Azhagampatti, Dindigul District to Graduate Warden Adi Dravidar Welfare Boys Hostel, Aayakudi, Dindigul District. This impugned order has been passed on 19.01.2022.

2. The third respondent has filed a counter affidavit and Paragraph No.5 of the counter affidavit is extracted as follows: "5. I humbly submit that it is pertinent to note that on 11.02.2022 this petitioner has assumed his office therefore the present writ petition has become infructuous. On the one hand he filed this writ petition but on the other hand he assumed his office. In view of the above said G.O.(Ms) No.162, dated 16.11.2021 and also the fact that the petitioner has assumed his office on 11.02.2022 the question of further consideration would not arise and hence this writ petition deserves to be dismissed.

3/5

3. In view of the fact that the petitioner has already joined the transferred post two years back, nothing survives to be adjudicated in this writ petition.

4. Accordingly, this Writ Petition stands closed. There shall be no order as to costs. Consequently, connected Miscellaneous Petitions stand closed. 30.08.2024 NCC : Yes/No Index : Yes / No Internet : Yes / No ebsi To

1. The Principal Secretary, Adi Dravidar and Tribal Welfare Department, Fort. St.George, Chennai - 9.

2. The Commissioner of Adi Dravidar Welfare, Office of the Commissioner of Adi Dravidar Welfare, Chepauk, Chennai - 5.

3. The District Adi Dravidar & Tribal Welfare Officer, Office of the District Adi Dravidar & Tribal Welfare, 4/5

R.VIJAYAKUMAR,J.

ebsi W.P(MD)No.2716 of 2022 30.08.2024 5/5