S.Regupal, v. The District Collector,

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 30.11.2015

CORAM:

THE HONOURABLE Mr.JUSTICE D.HARIPARANTHAMAN W.P.(MD)No.21322 of 2015 S.Regupal ...

Petitioner Vs.

1.The District Collector, Tirunelveli District.

2.The Assistant Director, (Village Panchayat), Collectorate Office, Tirunelveli.

3.The Block Development Officer, (Village Panchayat), Valliyoor Panchayat Union, Radhapuram Taluk, Tirunelveli.

4.P.Inbathangaraj ...

Respondents PRAYER: Petition is filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing the respondents 1 to 3 not to transfer the petitioner, who is working at as Panchayat Assistant at South Valliyoor Panchayat, Tirunelveli District to any other Panchayat at the instigation of the 4th respondent till the disposal of the petition dated 03.08.2015 by considering the petitioner's representation dated 08.09.2015.

For Petitioner : Mr.S.R.Anbarasu For Respondent : Mr.S.Chandrasekar, G.A.for R3 For Respondents : Mr.J.Gunaseelan Muthiah G.A.for R1 & R2

O R D E R

The prayer in the Writ petition is for a direction to the respondents not to transfer the petitioner, who is working as Panchayat Assistant, from South Valliyoor Panchayat, Tirunelveli District to any other Panchayat.

2.When this Court expressed its view that the prayer sought for in this Writ petition could not be granted, the learned counsel for the petitioner has submitted that the petitioner could be given liberty to question the transfer if any passed.

https://hcservices.ecourts.gov.in/hcservices/ 3.In fact, this Court need not give any liberty to the petitioner. The right of the petitioner to question the order of transfer does not

depend upon the liberty and the petitioner has got every right to question the order of transfer, if the same is passed in violative any of the provisions of the statutes or mala fide.

4.Hence, the Writ petition is closed with the aforesaid observation. No costs.

Sd/- Assistant Registrar (AS) /True Copy/ Sub Assistant Registrar To 1.The District Collector, Tirunelveli District.

2.The Assistant Director, (Village Panchayat), Collectorate Office, Tirunelveli.

3.The Block Development Officer, (Village Panchayat), Valliyoor Panchayat Union, Radhapuram Taluk, Tirunelveli.

+1CC to Mr.S.R.Anbarasu Advocate Sr.No.69201 +1CC to Spl.Government Pleader Sr.No.68811 GJM/PM/MP/14.12.2015-2P-6C W.P.(MD)No.21322 of 2015 Dated:30.11.2015 https://hcservices.ecourts.gov.in/hcservices/