Madras High CourtWP(MD)/7947/2024disposed of

M.Monikandan v. The Managing Director,

2024-09-18Honourable Mr Justice R.Vijayakumar5 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 18.09.2024

CORAM:

THE HONOURABLE MR.JUSTICE R.VIJAYAKUMAR W.P(MD)No.7947 of 2024 and W.M.P(MD) No.7216 of 2024 M.Monikandan ... Petitioner Vs.

1. The Managing Director, CMDA Tower-II, 4th Floor, Egmore, Chennai 600 008.

2. The Senior Regional Manager, Plot No.100, Anna Nagar, Madurai - 20.

3. The District Manager, 1/5

4. M.Sankaralingam, District Manager, ... Respondents 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 order passed by the third respondent herein vide Na.Ka.No.A1/724/2023, dated 08.02.2024 and quash the same as illegal and consequently direct the third respondent herein to permit the petitioner to work in TASMAC Shop No.4896.

For Petitioner : Mr.B.Brijesh Kishore For Mr.Rajasekar For R1 to R3 : Mr.S.Sivanesan Standing Counsel For R4 : No appearance

O R D E R

The instant writ petition has been filed by a Salesman working in TASMAC Shop No.4896, challenging the order of transfer to Shop No.4819 in Attoor.

2/5

2. According to the learned counsel appearing for the petitioner, the petitioner's transfer can be effected only from the financial year namely, from first day of April 2024 and on his request, the petitioner having been transferred to Shop No.4896 to take care of his wife, the petitioner cannot be re-transferred to different place which would upset his family.

3. The petitioner has joined in Shop No.4896 in the month of April 2019, and is working for the past five years. Considering the above said fact that he has been transferred to Shop No.4819 on administrative grounds, this Court is of the considered opinion that the order of transfer cannot be set aside. The petitioner has given a representation on 13.02.2024 to the third respondent seeking re-transfer to Shop No.4896.

4. Considering the above said facts, the respondent authorities are directed to consider the request of the writ petitioner dated 13.02.2024 and pass orders on merits and in accordance with law, within a period of eight weeks from the date of receipt of a copy of this order. 3/5

5. With the above said observations, this Writ Petition stands disposed of. There shall be no order as to costs. Consequently, connected Miscellaneous Petition stands closed.

18.09.2024 NCC : Yes/No Index : Yes / No Internet : Yes / No ebsi To

1. The Managing Director, CMDA Tower-II, 4th Floor, Egmore, Chennai 600 008.

2. The Senior Regional Manager, Plot No.100, Anna Nagar, Madurai - 20.

3. The District Manager, 4/5

R.VIJAYAKUMAR,J.

ebsi W.P(MD)No.7947 of 2024 18.09.2024 5/5