Balachandar V v. The Principal Secretary To The Government
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 03.09.2024
CORAM
THE HON'BLE MR.JUSTICE R.VIJAYAKUMAR W.P.(MD)No.10574 of 2022 and W.M.P(MD)Nos.7711 & 7712 of 2022 and 16532 of 2023 V.Balachandar ... Petitioner Vs.
1.The Principal Secretary to the Government, Department of Panchayat, St. George Fort, Chennai.
2.The Director/Commissioner, Municipal Administration, Chennai.
3.The Commissioner, Sankarankovil Municipality, Sankarankovil, Tirunelveli District.
4.The Commissioner, Colachel Municipality, Colachel, Kanyakumari District.
...Respondents
PRAYER: Writ Petition is filed under Article 226 of the Constitution of India, to issue a writ of Certiorari, to call for the records in respect of order passed by the 1/5
2nd respondent in Na.Ka.No.11104/2020/J1, dated 24.05.2022 (Served on 25.05.2022) and quash the same.
For Petitioner :
Mr.S.Chellapandian For Respondents :
Mr.S.S.Madhavan Government Advocate for R1 & R2 Mr.D.Sadiq Raja Additional Government Pleader for R3 Mr.P.Athimoolapandian for R4 * * * * *
ORDER
The instant writ petition has been filed by a Sanitary Inspector working in the Sankarankovil Municipality, challenging his order of transfer to Colachel Municipality.
2.The learned Standing Counsel appearing for the third respondent Municipality has brought to the notice of the Court that by subsequent order dated 26.02.2024, the petitioner has been transferred to Kudiyatham Municipality. The petitioner has accepted the said order of transfer and he has also joined in the transferred post. However, it is the contention of the learned Counsel appearing for the writ petitioner, in violation of the stay order of this Court in the present writ petition, the present transfer orders have been passed. In 2/5
view of the fact that the petitioner has not chosen to challenge the order dated 26.02.2024, this Court is not in a position to consider the said submission. However, it is open to the writ petitioner to approach the concerned authority seeking re-transfer to Sankarankovil Municipality or to any other nearby Municipality.
3.According to the learned Counsel appearing for the writ petitioner, they have given a representation seeking re-transfer to Sankarankovil Municipality or to any other nearby Municipality. The Director of the Municipal Administration is directed to consider the said representation and pass orders on merits and in accordance with law.
4.Recording the same, this writ petition stands closed. No costs. Consequently, connected miscellaneous petitions are also closed. 03.09.2024 NCC : Yes/No Index : Yes/No Internet: Yes/No RJR 3/5
To 1.The Principal Secretary to the Government, Department of Panchayat, St. George Fort, Chennai.
2.The Director/Commissioner, Municipal Administration, Chennai.
3.The Commissioner, Sankarankovil Municipality, Sankarankovil, Tirunelveli District.
4/5
R.VIJAYAKUMAR , J.
RJR W.P.(MD)No.10574 of 2022 and W.M.P(MD)Nos.7711 & 7712 of 2022 and 16532 of 2023 03.09.2024 5/5