Murugesan v. The Block Development Officer
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 07.06.2023
CORAM
THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN and W.M.P.(MD)No.9294 of 2023 Murugesan ... Petitioner Vs.
1.The Block Development Officer, (Village Panchayats), Kodaikanal Panchayat Union, Dindigul District.
2.The President, Kookal Village Panchayat, Dindigul District.
... Respondents Prayer : Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Certiorari, to call for the records relating to the impugned order of the first respondent through his proceedings in Na.Ka.No.1702/2022/Aa3, dated 06.04.2023 and quash the same. For Petitioner : Mr.D.Venkatesh For Respondents : Mr.T.Villavan Kothai Additional Government Pleader for R1 : No appearance for R2 1/4
ORDER
Heard the learned counsel on either side.
2. By the impugned order, the petitioner has been transferred from Kookal Panchayat to Kumbaraiyur Panchayat. Both the panchayat union fall within the Kodaikanal block. The order has been passed by the Block Development Officer (Village Panchayats), Kodaikanal Panchayat Union, Dindigul District.
3. The learned counsel appearing for the petitioner draws my attention to the order dated 28.10.2020 made in W.P.(MD)Nos.9265 & 9305 of 2022. In the said order, I had held that in view of the interim order granted in respect of the Tamil Nadu Village Panchayat Secretaries (Conditions of Service) Rules, 2013, the power of the Block Development Officer to transfer the Panchayat Secretary from one Panchayat to another is not available. Therefore, the impugned order has to be necessarily categorized as one without jurisdiction. It is set aside. 2/4
4. The Writ Petition is allowed. No costs. Consequently, connected miscellaneous petition is closed.
07.06.2023 NCC : Yes/No Index : Yes / No Internet : Yes/ No rmi To The Block Development Officer, (Village Panchayats), Kodaikanal Panchayat Union, Dindigul District.
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G.R.SWAMINATHAN, J.
rmi 07.06.2023 4/4