T.Arivarasupandian v. The Principal Secretary To Government Of Tamilnadu

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 19.09.2024

CORAM:

THE HONOURABLE MR.JUSTICE R.VIJAYAKUMAR W.P(MD)No.5133 of 2024 and W.M.P(MD) Nos.4914 and 4915 of 2024 T.Arivarasupandian Superintendent, Office of Local Library Authority, Theni - 625 531, Theni District.

... Petitioner Vs.

1. The Principal Secretary to Government, School Education Department, Fort St.George, Chennai - 600 009.

2. The Director of Public Libraries, Directorate of Public Libraries, No.737/1, Anna Salai, Chennai - 600 002.

3. R.Kokilavani, The District Library Officer/ Secretary, Office of the Local Library Authority, No.2, Nesavalar Colony, Dharmapuri District - 636 701.

... Respondents 1/5

PRAYER: Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Certiorarified Mandamus, to call for the records pertaining to the impugned transfer order made by the second respondent in Na.Ka.No.6523/A1/2023, dated 09.02.2024 and quash the same as malafide, perverse, arbitrary and illegal and consequently directing the respondents 1 and 2 to revert the third respondent back to the office of the District Library Officer/Secretary, Local Library Authority, Theni District, Theni until final disposal of the writ petition in W.P(MD) No.21327 of 2023 in accordance with law.

For Petitioner : Mr.N.Marimuthu For R1 and R2 : Mr.N.Satheesh Kumar Additional Government Pleader For R3 : M/s.I Kanna Patel

O R D E R

The instant writ petition has been filed by a Superintendent working in the office of the Local Library Authority, Theni, challenging the order of transfer of third respondent from Theni to Dharmapuri.

2. It could be seen from the affidavit that the petitioner is no way concerned with the order of transfer of the third respondent. The third 2/5

respondent has accepted the order of transfer and she had joined at Dharmapuri on 12.02.2024. The petitioner has no locus standi whatsoever to challenge the order of transfer of the third respondent.

3. It is the contention of the petitioner that the petitioner has already filed Quo Warranto as against the third respondent herein, wherein an order of interim stay has been granted. In such an event, it is for the writ petitioner to pursue the other writ petition and therefore, the present writ petition has to be dismissed on the ground that the petitioner has no locus standi to challenge the order of transfer.

4. With the above said observations, this Writ Petition stands dismissed. There shall be no order as to costs. Consequently, connected Miscellaneous Petitions stand closed.

19.09.2024 NCC : Yes/No Index : Yes / No Internet : Yes / No ebsi 3/5

To

1. The Principal Secretary, School Education Department, Fort St.George, Chennai - 600 009.

2. The Director of Public Libraries, Directorate of Public Libraries, No.737/1, Anna Salai, Chennai - 600 002.

4/5

R.VIJAYAKUMAR,J.

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