← Library
Madras High CourtWP(MD)/13746/2024disposed of

Karnan. P v. The Principal Chief Conservator Of Forests

2024-06-26Honourable Ms Justice R.N.Manjula6 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Date : 26/06/2024

CORAM

The Hon`ble Ms.Justice R.N.MANJULA and WMP(MD) Nos.12089 and 12090 of 2024 Karnan. P ... Petitioner Vs

1. The Principal Chief Conservator of Forests, (Head of Department) Forest Head Quarters, Guindy - Velachery Main Road, Guindy, Chennai -600 032.

2. The Chief Conservator of Forests, (Research ), State Forest Research Institute, Kolapakkam, Chennai 600 127.

3. The Principal, Tamil Nadu Forestry Training College, Vaigai Dam, Theni District 625 562.

... Respondents PRAYER :- Writ Petition, filed under Article 226 of the Constitution of India, praying this court to issue a Writ of Certiorarified Mandamus to calling for the records relating to the impugned order of the 2nd respondent in SO No. 16/2024/E dated 18.06.2024 transferring the petitioner from the present station to Nagercoil Range, quash the same 1/6

and consequently direct the respondents herein to consider the petitioners withdrawal application added 14.06.2024 on medical ground in the light of Circular of the 1st respondent in Ref.No. B2/722/2024 dated 14.06.2024 for transfer of Forest Range Officers, For Petitioner : Mr.K.Appadurai, For Respondent : Mr.M.Lingadurai Special Government Pleader

ORDER

The writ petition has been filed challenging the impugned order of the 2nd respondent dated 18.06.2024 transferring the petitioner from the present station, ie., Vaigai Dam, Theni District to Nagercoil Range, and consequently direct the respondents herein to consider the petitioner's withdrawal application dated 14.06.2024 on medical grounds in the light of circular of the 1st respondent in Ref.No. B2/722/2024 dated 14.06.2024 for transfer of Forest Range Officers,

2. Heard the learned counsel for the petitioner and the learned Government Advocate for the respondents.

2/6

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

4. The learned counsel for the petitioner submitted that the petitioner is working in the Forest Department as Forest Ranger in Vaigai Dam, Theni District. He was transferred to the present station on 03.07.2023. While so, within one year, ie., on 18.06.2024, the petitioner was transferred to Nagercoil Range, which is in violation of the circular of the 1st respondent.

5. However, the learned Special Government Pleader submitted that the petitioner has given a request for transfer on 13.06.2023 and based on his request only, the present transfer has been made, to which, the learned counsel for the petitioner submitted that the petitioner has now made an application only on 21.05.2024. However, he intends to withdraw the same vide a withdrawal application on 14.06.2024.

6. It is now seen that the petitioner has been transferred from Vaigai Dam to Nagercoil Range. Since the petitioner has stated that he is seeking to be retained in the present place on medical grounds, the 3/6

respondents are directed to consider the claim of the petitioner and pass orders on merits and in accordance with law.

7. The writ petition is disposed of with the above observation and direction. No costs. Consequently connected Miscellaneous Petitions are closed.

26.06.2024 RR 4/6

To

1. The Principal Chief Conservator of Forests, (Head of Department) Forest Head Quarters, Guindy - Velachery Main Road, Guindy, Chennai -600 032.

2. The Chief Conservator of Forests, (Research ), State Forest Research Institute, Kolapakkam, Chennai 600 127.

3. The Principal, Tamil Nadu Forestry Training College, Vaigai Dam, Theni District 625 562.

5/6

R.N.MANJULA,J RR

ORDER

IN WP(MD) No.13746 of 2024 Date : 26/06/2024 6/6