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Madras High CourtWP(MD)/8628/2025disposed of

S.Jeyalakshmi v. The Revenue Divisional Officer

2025-04-04Honourable Mr. Justice Battu Devanand6 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 04.04.2025

CORAM

THE HONOURABLE MR.JUSTICE BATTU DEVANAND and WMP(MD)No.6446 of 2025 S.Jeyalakshmi ... Petitioner Vs.

1.The Revenue Divisional Officer, Sivagangai, Sivagangai District.

2.The Tahsildar, Tirupuvanam Taluk, Sivagangai District.

3.Seethalakshmi ... Respondents (R3 is impleaded as per the order of this Court dated 04.04.2025 by DEVJ) PRAYER: Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Certiorarified Mandamus, to call for records pertaining to the impugned transfer order passed by the first respondent in his proceedings in Na.Ka.A2/595/2024 dated 07.03.2025 and quash the same as illegal and consequently direct the 1st respondent to allow the petitioner to continue her service in the Kothankulam village, Tirupuvanam Taluk, Sivagangai Distric. 1/6

For Petitioner : Mr.Jerin Mathew for Mr.V.Nirmal Kumar For Respondents : Mr.N.Satheesh Kumar Addditional Government Pleader

O R D E R

This writ petition is filed against the impugned transfer order passed by the first respondent dated 07.03.2025 transferring the petitioner from Kothankulam Village, Tirupuvanam Taluk, Sivagangai District to S.Karaikudi Group Manamadurai circle.

2. Heard the learned counsel for the petitioner and the learned Additional Government Pleader appearing for the respondents and perused the materials available on record.

3. The petitioner is working as the Village Administrative Office at Kothankulam Village, Tirupuvanam Taluk, Sivagangai District. The first respondent issued proceedings dated 07.03.2025 transferring the petitioner from Kothankulam Village, Tirupuvanam Taluk, Sivagangai District to S.Karaikudi Group Manamadurai circle. On perusal of the order impugned in this writ petition, it appears that for the convenience of the administration in Sivagangai District, the transfer of the petitioner is effected. 2/6

4. The learned counsel for the petitioner submits that normally in the month of May, proceedings will be made for transferring the employees after completion of three years in the present place. The petitioner is working at Kothankulam Village since 11.02.2022 and hence she will be transferred during general transfers to be taken in this year. The learned counsel for the petitioner further submits that the petitioner is a widow having two children, it is difficult for her to go to the transferred place leaving her children.

5. Though the learned Additional Government Pleader submits that the children of the petitioner are college going children and therefore, transfer of the petitioner would not affect them, this Court is of the view that nowadays, care of their mother is very necessary for the college going children as she is the single parent.

6. Considering the facts and circumstances of the case, this Court is of the opinion that, it would be appropriate to keep the impugned order in abeyance till the first respondent takes up general transfers.

7. Considering the peculiar facts and circumstances of the case and for the reasons stated above, this writ petition is disposed of with the following 3/6

directions:

i) The impugned transfer order passed by the first respondent in his proceedings in Na.Ka.A2/595/2024 dated 07.03.2025 is ordered to be kept in abeyance till the general transfers to be undertaken in Sivagangai District. ii) It is made clear that the petitioner cannot claim any equity or special preference during the general transfers.

There shall be no order as to costs.

Consequently, connected miscellaneous petition is closed. 04.04.2025 NCC:yes/no Index:yes/no Internet:yes/no CM 4/6

To:

1.The Revenue Divisional Officer, Sivagangai, Sivagangai District.

2.The Tahsildar, Tirupuvanam Taluk, Sivagangai District.

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BATTU DEVANAND , J.

CM and WMP(MD)No.6446 of 2025 04.04.2025 6/6