R.Karthick Raja v. The District Collector

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 05.10.2018

CORAM:

THE HONOURABLE Mr.JUSTICE S.VAIDYANATHAN W.P.(MD)No.15172 of 2018 and WMP(MD)Nos.13710 & 14384 of 2018 R.Karthick Raja ...

Petitioner Vs.

1. The District Collector, Madurai District, Madurai.

2. The Revenue Divisional Officer, Melur, Madurai District.

3. The Tahsildar, Melur, Madurai District.

...

Respondents PRAYER: Petition is filed under Article 226 of the Constitution of India, to issue a Writ of Certiorarified Mandamus, by calling for the entire records pertaining to the orders of transfer passed by the 2nd respondent vide his proceeding in Na.ka.No.1408/2018/A3 dated 27.06.2018 as well as the consequential order passed by the 3rd respondent vide his proceeding in Na.Ka.No.10702/2017/m1 dated 28.06.2018 and quash the same and consequently direct the 2nd and 3rd respondents to allow the petitioner to continue to work as a Village Administrative Officer at Kidaripatti Village, Melur Sub-Division, Melur Taluk, Madurai District.

For Petitioner : Mr.R.Anand For Respondents : Mr.K.Chellapandian, AAG., assisted by Ms.S.Srimathi Spl.Govt.Pleader

O R D E R

The petitioner has come forward with the present Writ Petition for issuance of a Writ of Certiorarified Mandamus, by calling for the entire records pertaining to the orders of transfer passed by the 2nd respondent vide his proceeding in Na.ka.No.1408/2018/A3 dated 27.06.2018 as well as the consequential order passed by the 3rd respondent vide his proceeding in Na.Ka.No.10702/2017/m1 dated 28.06.2018 and quash the same and consequently direct the 2nd and 3rd respondents to allow the petitioner to continue to work as a Village Administrative Officer at Kidaripatti Village, Melur Sub-Division, Melur Taluk, Madurai District.

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2. When the matter was taken up for hearing yesterday ie., on 04.10.2018, this Court found that the order of transfer cannot be interfered with. At that stage, Mr.R.Anand, the learned counsel appearing for the petitioner would submit that instead of posting the petitioner at T.Vellalapatti Village, Melur Sub-Division, Melur Taluk, he may be posted at Kidaripatti Vilalge, Melur Sub-Division, Melur Talk, where there is a vacancy.

3. Mr.K.Chellapandian, the learned Additional Advocate General has produced a communication of the Tahsildar, dated 04.10.2018, posting the petitioner in the place, at which he requested.

4. Taking note of the communication of the Tahsildar, dated 04.10.2018, and recording the submission of the learned Additional Advocate General that the petitioner has been posted in the place, at which he requested, no further orders are required in this Writ Petition, this Writ Petition stands dismissed. The Interim Stay already granted by this Court stands vacated.

5. This Court makes it very clear that this decision cannot be taken as a precedent for laying down the proposition of law and to knock the doors of the Court to change the place of transfer and to decide where a person should work. Consequently, the connected miscellaneous petitions are also dismissed. No costs. Sd/- Assistant Registrar (T&P) /True Copy/ Sub Assistant Registrar (CS-II) To

1. The District Collector, Madurai District, Madurai.

2. The Revenue Divisional Officer, Melur, Madurai District.

3. The Tahsildar, Melur, Madurai District.

+ 1 CC TO ADDITIONAL ADVOCATE GENERAL III, IN SR No. 89281 + 1 CC TO SPECIAL GOVERNMENT PLEADER IN SR No. 89202 MPK TE/RSK/SAR-2 : 27/11/2018 : 2P/6C W.P.(MD)No.15172 of 2018 05.10.2018 https://hcservices.ecourts.gov.in/hcservices/