A.Malathi v. The District Collector,
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED:31.01.2018
CORAM:
THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN W.P. (MD) No. 1953 of 2018 and W.M.P. (MD). Nos. 2200 and 2201 of 2018 A.Malathi .. Petitioner Vs.
1.The District Collector, Madurai District, Madurai.
2.The Commissioner, Panchayat Union, T.Kallupatti, Madurai District.
3.R.Gowri .. Respondents PRAYER: Petition filed under Article 226 of the Constitution of India to issue a Writ of Certiorarified Mandamus, to call for records pertaining to the impugned order passed by the first respondent in his proceedings Na.Ka.No.46972/2017/Sa.Vu.Thi.1, dated 20.01.2018 and quash the same as illegal and consequently to direct the first respondent to consider for transferring the petitioner from Panchayat Union Primary School, Kollaveeranpatti to Gandhi Nikethan Ashramam Primary School, T.Kallupatti, Madurai District as directed by this Court in W.M.P(MD).No.15894 of 2017 in W.P.(MD). No.19615 of 2017, dated 26.10.2017.
For Petitioner : Mr. V.P.Rajan For Respondent No.1 : Mr.J.Gunaseelan Muthiah Additional Government Pleader For Respondent No.2 : Mr.Shanmugha Selvam ******
O R D E R
*********** Heard Mr. V.P.Rajan, learned Counsel appearing for the petitioner, Mr.J.Gunaseelan Muthiah, learned Additional Government Pleader appearing for the first respondent and Mr.Shanmugha Selvam, learned Counsel appearing for the second respondent. https://hcservices.ecourts.gov.in/hcservices/
2. The petitioner is presently working as noon-meal Organiser in Panchayat Union Primary School situated at Kollaveeranpatti, Madurai District. She has been requesting for a transfer and posting at Gandhi Nikethan Ashramam Primary School, T.Kallupatti, Madurai.
Her request was not entertained.
Therefore, she filed W.P.(MD).No.19615 of 2017 before this Court. This Court directed the first respondent to consider the petitioner's request and pass appropriate orders on merits. In the meanwhile the third respondent has been transferred from Papanayakampatti to T.Kallupatti. The petitioner is aggrieved to the treatment accorded by the third respondent.
3. When the rights of the writ petitioner has not been infringed as such, it is not open to the writ petitioner to question the order passed by the first respondent transferring the third respondent from one place to another. The writ petitioner has absolutely no locus standi to question the impugned order passed in favour of the third respondent. It is for the petitioner to pursue her remedy before the first respondent in the manner known to law.
4. This Writ petition is dismissed. No costs. Consequently, all the connected Miscellaneous Petitions are closed. Sd/- Assistant Registrar(W) /True Copy/ Sub-Assistant Registrar To:
1.The District Collector, Madurai District, Madurai.
2.The Commissioner, Punchayat Union, T.Kallupatti, Madurai District.
+One cc to The Special Government Pleader, SR.No.45992 kmi RL/4C/2P/SV/MMS/SAR4/12/3/2018 ORDER MADE IN W.P(MD).No.1953 of 2018 https://hcservices.ecourts.gov.in/hcservices/ 31.01.2018