G.Konan v. The District Collector

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 19.04.2018

CORAM

THE HONOURABLE MR.JUSTICE R.SURESH KUMAR W.P.(MD)No.8673 of 2018 G.Konan : Petitioner Vs.

1. The District Collector, Collector Office, Virudhunagar.

2. The Block Development Officer, Thiruchuli Union, Virudhunagar District.

: Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India, praying to issue a Writ of Mandamus, directing the respondents to consider the petitioner's representation dated 09.03.2018 and 06.04.2018 requesting to transfer the petitioner from Vadhuvar patty Panchayat to Maravar Perungudi Panchayat. For Petitioner : Mr.A.R.Sethupathy For Respondents : Mr.D.Muruganantham Additional Government Pleader

O R D E R

************ By consent, the writ petition is taken up for final disposal at the admission stage itself.

2.The prayer sought for in this writ petition is for a Writ of Mandamus, directing the respondents to consider the petitioner's representation dated 09.03.2018 and 06.04.2018 requesting to transfer the petitioner from Vadhuvar patty Panchayat to Maravar Perungudi Panchayat.

3.Heard Mr.A.R.Sethupathy, learned Counsel appearing for the petitioner and Mr.D.Muruganantham, learned Additional Government Pleader appearing for the respondents.

4.The learned Counsel appearing for the petitioner would submit that the petitioner made a representation on 09.03.2018 and 06.04.2018 to the first respondent to consider his request for transfer to any of the Panchayat Board in Tiruchuli Panchayat Union on the ground that he is a physically challenged person and it is https://hcservices.ecourts.gov.in/hcservices/

difficult for him to travel everyday from Thiruchuli to Aruppukottai. Therefore, the learned Counsel appearing for the petitioner would submit that if the said representation of the petitioner is directed to be considered by the first respondent and an order to that effect is passed within a time frame that may be stipulated by this Court, the petitioner would be satisfied. 5.I have heard the learned Additional Government Pleader appearing for the respondents in this regard. 6.The learned Additional Government Pleader appearing for the respondents would submit that the petitioner's request can be considered only depending upon the vacancy position in the particular Panchayat Union and also based on the administrative exigencies.

7.Considering the submissions of the learned Counsel on both sides, this writ petition is disposed of with the following direction.

7.1.The first respondent is directed to consider the request of the petitioner dated 09.03.2018 and 06.04.2018 and pass orders thereon on merits and in accordance with law within a period of eight weeks from the date of receipt of a copy of this order. 8.With the above direction, the writ petition stands disposed of. However, in the facts and circumstances of the case, there shall be no order as to costs.

Sd/- Assistant Registrar (CS-II) /True Copy/ Sub Assistant Registrar To

1. The District Collector, Collector Office, Virudhunagar.

2. The Block Development Officer, Thiruchuli Union, Virudhunagar District.

+ 1 CC TO Mr.T.R.SUBRAMANIAN, ADVOCATE IN SR No. 62148 MR TE/RSK/SAR-2 : 07/05/2018 : 2P/4C ORDER MADE IN W.P.(MD)No.8673 of 2018 19.04.2018 https://hcservices.ecourts.gov.in/hcservices/