K.Akkini v. The District Revenue Officer

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT 14/05/2015

CORAM

THE HONOURABLE MR. JUSTICE T.S.SIVAGNANAM W.P.(MD) No.8160 of 2015 & WP(MD)No.1 of 2015 K.Akkini ...

Petitioner vs 1.The District Revenue Officer, Madurai.

2.The Record Officer/The Tahsildar, Madurai East, Madurai.

3.M.Ferroskhan 4.Hameetha Begam.F ... Respondents prayer:

Writ petition is filed under Article 226 of the Constitution of India praying for an issuance of a writ of Mandamus to direct the 1st respondent to consider the transfer application dated 08.05.2015 preferred by the petitioner.

For Petitioner : Mr.V.P.Rajan For Respondents : Mr.D.Muruganandham Addl.Government Pleader

ORDER

By consent, the writ petition is taken up for final disposal.

2. Heard the learned counsel for the petitioner and the learned Additional Government Pleader for the respondents.

3. The present writ petition has been filed for issuance of a writ of mandamus to direct the 1st respondent to consider the petitioner's transfer application dated 08.05.2015. By the said application, the petitioner wanted his application pending before the 2nd respondent to be transferred to some other Record Officer, Madurai East Taluk.

4. The grievance of the petitioner is that the first respondent did not even receive the application for transfer and did not even make an endorsement. On a perusal of the affidavit filed in support of the transfer application signed by the petitioner dated 08.05.2015, it is seen that the averments made by the petitioner is vague. Unless and until the petitioner make out a clear case of bias or any other allegations of malafide, the question of transferring the matter will not arise. Hence, at this juncture, the relief sought for by the petitioner cannot be granted.

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5. Accordingly, the writ petition is disposed of with liberty to the petitioner to approach the first respondent with a better affidavit making specific averments and if the same is made, it is open to the first respondent to act in accordance with law.

6. The writ petition is disposed of with the above direction. No costs. Consequently connected Miscellaneous Petition is closed. Sd/- Assistant Registrar (AS) /True copy/ Sub Assistant Registrar To 1.The District Revenue Officer, Madurai.

2.The Record Officer/The Tahsildar, Madurai East, Madurai.

+1cc to MR.V.P.RAJAN, ADVOCATE IN SR : 25640 +1CC TO THE SPECIAL GOVERNMENT PLEADER, IN SR : 25601 RR SR/SJW : 20.05.2015 : 2p/5c Order made in W.P.(MD) No.8160 of 2015 14/05/2015 https://hcservices.ecourts.gov.in/hcservices/