Madras High CourtWP(MD)/4979/2018dismissed

L.Dhanasekaran, v. The District Adhidiravidar And

2018-03-08Honourable Mr Justice G.R.Swaminathan2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Dated : 08.03.2018 CORAM :

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN W.P(MD)No.4979 of 2018 and WMP(MD)No.4969 of 2018 L.Dhanasekaran ... Petitioner Vs.

1. The District Adhidiravidar and Schedule Tribe Welfare Officer, Ramanathapuram District, Ramanathapuram.

2. The Tahsildar, Adhidiravidar and Schedule Tribe Welfare, Paramakudi Taluk, Ramanathapuram District.

... Respondents Prayer: Writ Petition is filed under Article 226 of the Constitution of India to issue a Writ of Certiorarified Mandamus to call for the records in pursuant to the impugned transfer order passed by the first respondent in proceedings Moo.Mu.No.6/40359/2017, dated 23.02.2018 and quash the same in respect of petitioner and consequently direct respondent to permit the petitioner to continue as Cook in Adhidravida Welfaree Student Hostel at Manjur, Paramakudi Taluk, Ramanathapuram District.

For Petitioner : Mr.V.Muthukamatchi For Respondents : Mr.J.Gunaseelan Muthaiah, Addl., Govt.Pleader

ORDER

Heard the learned counsel on either side. By consent of both parties, this writ petition is taken up for final disposal at the admission stage itself.

2.The petitioner is working as a Cook in the Adi Dravidar Welfare Student Hostel, Manjur. By order dated 23.02.2018, he has been transferred to Thiruvaadanai. The same is questioned in this writ petition. The petitioner has alleged malafides on the part of the authorities. But then, no authority has been named in person. Therefore, the question of malafides cannot be gone into. In any https://hcservices.ecourts.gov.in/hcservices/

event, no materials have been placed before this Courts to indicate that the order has been passed in bad faith.

3.It is seen that the impugned proceedings pertain not only to the petitioner but also to seven others. Transfer is an incident of service. The first respondent is definitely competent to pass the impugned order. Since no legal ground has been made out to interfere, this writ petition stands dismissed. No costs. Consequently, connected miscellaneous petition is closed. Sd/- Assistant Registrar(W) /True Copy/ Sub Assistant Registrar To

1. The District Adhidiravidar and Schedule Tribe Welfare Officer, Ramanathapuram District, Ramanathapuram.

2. The Tahsildar, Adhidiravidar and Schedule Tribe Welfare, Paramakudi Taluk, Ramanathapuram District.

+1 cc to Mr.V.Muthukamatchi, Advocate, SR.NO.53795 W.P(MD)No.4979 of 2018 and WMP(MD)No.4969 of 2018 8.03.2018 SKM VE/SV MMS/SAR 4/05.06.2018/2P/4C https://hcservices.ecourts.gov.in/hcservices/