P.Sethuraman v. The Commissioner Of Municipal

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 04.06.2018

CORAM:

THE HON'BLE MR.JUSTICE R.SURESH KUMAR W.P.(MD)No.10777 of 2018 and W.M.P(MD) No.9884 of 2018 P.Sethuraman

...Petitioner

Vs.

1) The Commissioner of Municipal Administration, Chepauk, Chennai.

2) The Director of Municipal Administration, Kochadai, Madurai.

3) The Commissioner, Palani Municipality, Palani, Dindigul District.

... Respondents PRAYER: Petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing the respondents to transfer the petitioner from Palani Municipality to Thirumangalam Municipality based on the representation dated 24.04.2018 within a time frame fixed by this Court.

For Petitioner : Mr.S.Pakalavan For RR 1 & 2 : Mrs.S.Srimathy, Special Government Pleader.

For R3 : Mr.G.Arjunan, Standing Counsel.

O R D E R

The prayer sought for in this Writ Petition is for a Writ of Mandamus, directing the respondents to transfer the petitioner from Palani Municipality to Thirumangalam Municipality based on his representation dated 24.04.2018, within a time frame fixed by this Court.

2. Heard Mr.S.Pakalavan, learned counsel for the petitioner, Mrs.S.Srimathy, learned Special Government Pleader appearing for first and second respondents and Mr.G.Arjunan, learned standing counsel appearing for the third respondent.

3. Learned counsel appearing for the petitioner would submit that though initially, he sought for transfer from Ottanchatram to Thirumangalam Municipality, it was not considered and he had been transferred to Palani Municipality, where he is working presently. Now, the grievance of the petitioner is that, two posts of Public Health Supervisor are vacant at Thirumangalam Municipality and his request, atleast, if it is considered at this juncture, by giving transfer to him to Thirumangalam Municipality, he will be satisfied.

4. In this regard, the learned Special Government Pleader appearing for the first and second respondents would submit that the request of the petitioner dated 24.04.2018 shall be considered on merits and in accordance with law and order to that effect shall be passed within the time frame stipulated by this Court.

5. Considering the limited scope of the writ petition, this writ petition is disposed of with the following direction: "that, the first respondent is directed to consider the representation of the petitioner dated 24.04.2018 and pass orders thereon, with regard to the grievance of transfer, on merits and in accordance with law, within a period of four weeks from the date of receipt of a copy of this order.

6. However, there shall be no order as to cost. Consequently, connected W.M.P(MD) No.9884 of 2018 is closed." Sd/- Assistant Registrar(AS) /True Copy/ Sub Assistant Registrar To

1) The Commissioner of Municipal Administration, Chepauk, Chennai.

2) The Director of Municipal Administration, Kochadai, Madurai.

3) The Commissioner, Palani Municipality, Palani, Dindigul District.

+ 1 cc TO Mr.G.Arjunan , Advocate in SR No. 66621 + 1 cc TO Mr.S.Pakalavan , Advocate in SR No. 66561 + 1 cc TO The Special Government Pleader in SR No. 66596 sts AE/SV/SAR1/13.06.2018/3P/7C Order made in W.P.(MD)No.10777 of 2018 04.06.2018