Lakshmikanthan. S v. The District Collector

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 25.09.2024

CORAM:

THE HON'BLE MR JUSTICE R.VIJAYAKUMAR and WMP(MD).No.5893 of 2023 S.Lakshmikanthan ... Petitioner Vs.

1.The District Collector Pudukkottai 2.The Revenue Divisional Officer Illuppur Revenue Division 3.R.Manobharathi Village Administrative Officer Vemmani Viralimalai Taluk 4.Kartheeswaran Village Administrative Officer Kodumbalur Viralimalai Taluk

....Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India, praying for a Writ of Certiorari calling for the records relating to the impugned order of the second respondent in Na.Ka.4680/2022/A2 dated 15.03.2023 and quash the same as illegal insofar as the petitioner alone. For Petitioner : M/s.C.Bharathi For Respondents : Mr.S.Shanmugavel Additional Government Pleader for R1 &R2 :Mr.D.R.Murugesan for R3 & R4

ORDER

The instant writ petition has been filed by a Village Administrative Officer challenging the order of transfer from Boothakudi Village to Vemmani Village. 2.According to the learned counsel appearing for the writ petitioner, the petitioner was transferred from Vemmani Village, Viralimalai Taluk to Boothakudi Village on his request by proceedings dated 02.02.2023. Within a period of one month, the petitioner has again been retransferrred from Boothakudi to Vemmani.

3.In the same transfer order, one Kartheeswaran has been posted to Boothakudi Village,Viralimalai Taluk and Manobharathi has been posted to Kodumbalur, Viralimalai Taluk. The said Manobharathi and Kartheeswaran have been

impleaded as private respondents in the writ petition and they have filed a counter to the effect that they have also been affected by the order of transfer. 4.The counter filed by the official respondents reveal that due to various objection raised by the Village Administrative Officers relating to their transfer in February 2023, for administrative reasons, the impugned transfer order has been passed. However, it could be seen from the writ petition filed by the writ petitioner and the counter filed by the private respondents namely respondents 3 and 4 that they are not having any grievance over the transfer order dated 02.02.2023. Therefore, it is clear that the order impugned in the writ petition has been passed within a period of one month disturbing the petitioner and the respondents 3 and 4 without any administrative exigency. 5.In view of the above said deliberations, the order impugned in the writ petition is set aside and the writ petition stands allowed. No costs. Consequently, connected miscellaneous petition is closed.

25.09.2024 Index : Yes/No Internet : Yes/No NCC:

: Yes/No msa

To 1.The District Collector Pudukkottai 2.The Revenue Divisional Officer Illuppur Revenue Division

R.VIJAYAKUMAR, J.

msa and WMP(MD).No.5893 of 2023 25.09.2024