S.Vasuki v. The Commissioner Of Municipal

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 16.04.2018 CORAM :

THE HONOURABLE MR.JUSTICE R.SURESH KUMAR W.P(MD)No.7527 of 2018 and W.M.P.(MD) No.7184 and 7185 of 2018 S.Vasuki ... Petitioner Vs.

1. The Commissioner of Municipal Administration, Chennai - 600 005.

2. The Commissioner, Rameshwaram Municipality, Rameshwaram, Ramanathapuram District.

... Respondents Prayer: This Writ Petition is filed under Article 226 of the Constitution of India, to issue a Writ of Certiorari, to call for the impugned order issued by the 1st respondent in Roc.No.173/2017/K2 dated 28.03.2018 and quash the same as illegal. For Petitioner : Mr.M.Saravanakumar For Respondents : Mr.K.Saravanan, G.A.

O R D E R

When the case came up for hearing on 10.04.2018, the learned counsel for the petitioner wanted to verify whether the petitioner shall give undertaking that he shall vacate the present office on or before 31.05.2018 and will join on the next day at the transferred place.

2.When the case came up for further hearing on 12.04.2018, the learned counsel for the petitioner submits that the petitioner is ready and willing to file an affidavit to that effect. Hence, he wanted short accommodation till Monday i.e. on today to do the needful that is filing an undertaking affidavit. https://hcservices.ecourts.gov.in/hcservices/ 3.Today, the learned counsel appearing for the petitioner

seeks time and therefore, it shows that the petitioner is not ready and willing to file any affidavit to that effect. This Court has also considered the import of the impugned order of transfer and since, it has been passed only as an administrative ground, by way of routine transfer order and the said order cannot be fit in within the parameter of want of jurisdiction, malafide transfer, against a statutory rule, the same cannot be interfered with. Therefore, this Court is not inclined to interfere with the impugned order of transfer.

5.In the light of the above, this Court feels that the writ petition fails and therefore, it is liable to be rejected. Accordingly, this writ petition is dismissed and the interim order of status quo granted already is hereby vacated. No costs. Consequently, connected miscellaneous petitions are closed. Sd/- Assistant Registrar(CS-I) /True Copy/ Sub Assistant Registrar To 1.The Commissioner of Municipal Administration, Chennai - 600 005.

2.The Commissioner, Rameshwaram Municipality, Rameshwaram, Ramanathapuram District.

+ 1 cc TO Mr.M.Saravanakumar , Advocate in SR No. 61497 + 1 cc TO The Special Government Pleader in SR No. 61623 Arul AE/SV MMS/SAR1/07.05.2018/2P/5C W.P(MD)No.7527 of 2018 and W.M.P.(MD) No.7184 and 7185 of 2018 16.04.2018 https://hcservices.ecourts.gov.in/hcservices/