Selvam.V v. The Superintendent Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 24.02.2021

CORAM:

THE HONOURABLE MR.JUSTICE M.S.RAMESH and W.M.P(MD) Nos.3059 and 3060 of 2021 V.Selvam

...Petitioner

Vs.

1.The Superintendent of Police, Pudukottai District, 2.The Inspector of Police, Karambakkudi Police Station, ... Respondents P RAYER:

Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Certiorarified Mandamus, to call for the entire records pertaining to the impugned transfer order passed by the first respondent vide his proceedings in D.O.No.139/2021/Rc.No.A1/3327/2021 dated 05.02.2021 and quash the same in respect of the petitioner and further direct the first respondent herein to allow the petitioner to work at second respondent police station.

For Petitioner : Mr.M.Pitchaimuthu For Respondents : Mrs.V.P.M.Vaishnavi Government Advocate

O R D E R

By consent of both parties, this writ petition is taken up for final disposal at the stage of admission itself. 2.The ground raised by the petitioner challenging the transfer order are not sustainable, since the powers of this Court under Article 226 of the Constitution of India is very restricted for interference to transfer made on administrative grounds. In the instant case, the petitioner has been transferred on 05.02.2021, on administrative grounds from Karambakkudi Police Station to Viralimalai Police Station.

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3.The learned counsel for the petitioner would submit that he has been subjected to repeated transfers in the past two years and therefore, he seeks sympathetic consideration for reconsideration of the transfer. 4.In my view, the appropriate Authority to consider such a request would be Superintendent of Police of the concerned District and this Court may not be justified in stepping into the shoes of the Authority for considering the petitioner's request. Nevertheless, if the petitioner is granted liberty to make a request in this regard to the Superintendent of Police with a consequential prayer to consider his request within a stipulated time, the ends of justice could be secured.

5.In the light of the above observations, no interference is required to the impugned transfer order on 05.02.2021. However, the petitioner is granted liberty to make an appropriate representation to the first respondent herein, ventilating his grievances and on receipt of such representation, the first respondent herein shall consider it, on its own merits and take necessary course of action, in accordance with law, as expeditiously as possible, in any event, within a period of two weeks from the date of receipt of a copy of the representation. 6.Accordingly, this Writ Petition is disposed of. No costs. Consequently, connected miscellaneous petitions are closed. Sd/- Assistant Registrar // True Copy // / /2021 Sub Assistant Registrar(CS) CP 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 Superintendent of Police, Pudukottai District, 2/3

2.The Inspector of Police, Karambakkudi Police Station, +1 CC to Mr.M.PITCHAI MUTHU, Advocate (SR-7581[F] dated 26/02/2021) Order made in W.P.(MD) No.3837 of 2021 and W.M.P(MD) Nos.3059 and 3060 of 2021 24.02.2021 PK(CO) SRS (15/03/2021) 3P : 4C 3/3