Madras High CourtWA(MD)/618/2021disposed of

S.P.Baskar, v. The State Of Tamilnadu,

2021-03-22Honourable Mr Justice M.M.Sundresh,Honourable Mrs Justice S.Ananthi (Retd.)2 pages

W.A.(MD)No.618 of 2021 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 22.03.2021

CORAM:

THE HONOURABLE MR.JUSTICE M.M.SUNDRESH AND THE HONOURABLE MRS. JUSTICE S.ANANTHI W.A.(MD)No.618 of 2021 and CMP(MD) No.2789 of 2021 S.P.Baskar : Appellant/Petitioner Vs.

1.The State of Tamilnadu Rep. by its Additional Chief Secretary Municipal Administration and Water Supply Department Secretariat Chennai.

2.The Commissioner Madurai Corporation Madurai.

: Respondents/Respondents PRAYER: Appeal filed under Clause 15 of the Letters Patent against the order of this Court in W.P.(MD) No.4770/2021 dated 05.03.2021. Prayer in WP(MD). 4770 of 2021 :

Writ Petition is filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Certiorari to calling for the records pertaining to the order passed by the 1st respondent in G.O.(D). 84 Municipal Administration and Water Supply (MC4) dept dt 24.2.2021 and consequential order passed by the 2nd respondent in his proceedings in Ma.Ne.1/003013/2021 dt 26.2.2021 and quash the same and pass such further or other orders as may deem fit and thus render justice.

For Appellant : Mr.V.Panneer Selvam For Respondents : Mrs.J.Padmavathi Devi Special Government Pleader for R1 Mr.T.S.Mohammed Mohideen for R2

JUDGMENT

(Judgment of the Court was delivered by M.M.SUNDRESH, J.) What has been challenged before the learned single Judge is only an order of transfer. We do not find any reason to interfere with the said order. The learned Judge rightly took into consideration of the factum of pendency of the criminal case. https://hcservices.ecourts.gov.in/hcservices/ 1/2

W.A.(MD)No.618 of 2021 2.Though the learned counsel for the respondent No.2 submitted that the charge against him is so serious, we are not inclined to go into the same, which will cause serious repercussions, which itself would give room for interference.

3. Therefore, we do not want to go into that aspect. The appellant is not inclined to vacate his quarters held in his possession. However, after joining, it is well open to him for requesting to transfer to any other place. If such a request is being made, the respondent shall consider the same within two weeks from the date of such request.

4.Accordingly, the writ appeal stands dismissed. No costs. Consequently connected Miscellaneous Petition is closed. Sd/- Assistant Registrar(CS-III) // True Copy // / /2021 Sub Assistant Registrar(CS) RR To 1.The Additional Chief Secretary,State of Tamilnadu, Municipal Administration and Water Supply Department Secretariat, Chennai.

2.The Commissioner, Madurai Corporation, Madurai.

+1 CC to M/s.T.S.MOHAMED MOHIDHEEN, Advocate ( SR-12708[F] dated 22/03/2021 ) +1 CC to M/s.SPL GP ( SR-12958[F] dated 23/03/2021 ) +1 CC to M/s.V.PANNEER SELVAM, Advocate ( SR-13105[F] dated 23/03/2021 ) Order made in W.A.(MD)No.618 of 2021 22.03.2021 NA(CO) TR(26.04.2021) 2P 6C https://hcservices.ecourts.gov.in/hcservices/ 2/2