Madras High CourtWP(MD)/14678/2020disposed of

A.Karunanthi v. The District Collector

2020-10-16Honourable Mr Justice Krishnan Ramasamy3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 16.10.2020

CORAM:

THE HONOURABLE MR.JUSTICE KRISHNAN RAMASAMY W.P.[MD]Nos.14678, 14679, 14681, 14682, 14683, 14685, 14686, 14687, 14688, 14689, 14691, 14692 and 14694 of 2020 and W.M.P.[MD]Nos.12335, 12338, 12336, 12337, 12339, 12342, 12341, 12340, 12343, 12344, 12345, 12350, 12348, 12353, 12346, 12347, 12351, 12354, 12349, 12352, 12355, 12357, 12356, 12359, 12358 and 12360 of 2020 A.Karunanthi ... Petitioner in WP(MD)No.14678/2020 Sankaran ... Petitioner in WP(MD)No.14679/2020 K.Appadurai ... Petitioner in WP(MD)No.14681/2020 K.Kumarasamy ... Petitioner in WP(MD)No.14682/2020 Mathiyalagan ... Petitioner in WP(MD)No.14683/2020 Gopalakrishnan ... Petitioner in WP(MD)No.14685/2020 Velu ... Petitioner in WP(MD)No.14686/2020 Kannan ... Petitioner in WP(MD)No.14687/2020 Parimala ... Petitioner in WP(MD)No.14688/2020 Ramalingam ... Petitioner in WP(MD)No.14689/2020 V.Murugaiah ... Petitioner in WP(MD)No.14691/2020 Vallimuthu ... Petitioner in WP(MD)No.14692/2020 Karuppaiah ... Petitioner in WP(MD)No.14694/2020 Vs.

1.The District Collector, Collector Office, Pudukkotai District.

2.The Block Development Officer, Aranthangi Village Panchayat Union, Aranthangi Taluk, Pudukkotai District.

... Respondents in all WPs COMMON PRAYER : This Writ Petitions are filed under Article 226 of Constitution of India for issuance of Writ of Certiorari, to call for the records relating to the impugned order passed by the second respondent in his proceedings in Na.Ka.No.1035/2019/The2 dated 12.10.2020 and quash the same as arbitrary and illegal. 1/3

For Petitioners: Mr.K.Baalasundharam (in all W.Ps.) For R1 : Mr.K.P.Narayanakumar, (in all W.Ps.) Special Government Pleader.

For R2 : Mr.M.Jeyakumar, (in all W.Ps.) Additional Government Pleader.

COMMON ORDER These writ petitions have been filed to quash the transfer order issued by the second respondent dated 12.10.2020 in Na.Ka.No.1035/2019/The2.

2.The learned counsel for the petitioners would submit that the transfer orders have been made for the administrative reasons. Though it has been mentioned as administrative reasons, infact it has been made for political reasons. The said transfer orders have been made on the basis of the representation dated 20.09.2020 given by the Association for the federation of Village Panchayat President of Aranthangi Panchayat Union to the first respondent. According to the petitioner, the Association belongs to one political party and as per request, the second respondent herein transferred a number of Village Panchayat Secretary on the ground that they are acting against the interest of the political party. The request made by the said Village Panchayat President Association dated 20.09.

2020 filed in the typed set of papers and now, the first respondent also passed an order to take appropriate action based on the said representation dated 20.09.2020. 3.The learned Special Government Pleader appearing for the first respondent would submit that the representations of the petitioners will be disposed of on merits and in accordance with law, within a time frame as fixed by this Court. 4.Prima facie, it appears that the representation dated 20.09.2020 was made by the Federation of Village Panchayat President Association. The petitioners herein given the representations on 13.10.2020 subsequent to the impugned order dated 12.10.2020, to the first respondent stating that the transfers have been made not for the administrative reason but for the political reasons. Till date, no action has been taken in the said representations.

5.In view of the submissions made by the learned counsel appearing on either side, this Court is of the view that it would be appropriate to direct the first respondent to dispose of the 2/3

petitioners' representations dated 13.10.2020, in a time bound manner. Accordingly, the first respondent is directed to dispose of the petitioners' representations dated 13.10.2020 within period of four weeks from the date of receipt of a copy of this order on merits and in accordance with law. In the meantime, the transfer orders shall be kept in abeyance.

6.With the above directions, these Writ Petitions are disposed of. No costs. Consequently, connected miscellaneous petitions are closed.

Sd/- Assistant Registrar (CO) // True Copy // / /2020 Sub Assistant Registrar(CS) cp Note : In view of the present lock down owing to COVID19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate/litigant concerned. To:- 1.The District Collector, Collector Office, Pudukkotai District.

2.The Block Development Officer, Aranthangi Village Panchayat Union, Aranthangi Taluk, Pudukkotai District.

+1 CC to Mr.K. BAALASUNDHARAM, Advocate ( SR-20372[F] dated 16/10/2020 ) W.P.[MD]No.14678, 14679, 14681, 14682, 14683, 14685, 14686,14687, 14688, 14689, 14691, 14692 and 14694 of 2020 16.10.2020 SGS(CO) KM (04.11.2020) 3P 4C 3/3