Madras High CourtWP(MD)/6677/2017disposed of

Kalaivanan v. The Managing Director

2017-04-13Honourable Mr Justice S.S. Sundar2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 13.04.2017

CORAM

THE HONOURABLE MR.JUSTICE S.S.SUNDAR W.P.(MD).No.6677 of 2017 and W.M.P.(MD).No.5251 of 2017 Kalaivanan .. Petitioner Vs.

1. The Managing Director, Tamilnadu State Transport Corporation (Kumbakonam) Ltd., TNSTC Head Office, No.27, Railway Station New Road, Kumbakonam.

2. The General Manager, Tamilnadu State Transport Corporation (Kumbakonam) Ltd., Nagapattinam Zonal, No.140, Public Office Road, Velippalayam, Nagapattinam District - 611 001. .. Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India, praying to issue a Writ of Certiorari, calling for the records of the second respondent relating to the impugned order in Ref.No.02-17/PaPi.E3/TNSTC (Kumbakonam) Nagapattinam/2017, dated 20.02.2017 and quash the same as illegal.

For Petitioner : Mr. SP. Vijay Nivas For Respondents : Mr. D. Sivaraman, Standing Counsel ***

O R D E R

This Writ Petition has been filed by the petitioner to call for the records of the second respondent relating to the impugned order in Ref.No.02-17/PaPi.E3/TNSTC (Kumbakonam) Nagapattinam/ 2017, dated 20.02.2017 and quash the same. 2.Heard, Mr. SP. Vijay Nivas, learned counsel for the petitioner and Mr. D. Sivaraman, learned Standing Counsel for the respondents.

3. This Writ Petition has been filed for challenging the order of transfer of the petitioner. The learned counsel for the petitioner submitted that the petitioner would be satisfied, if the respondents are directed to consider the representation of the https://hcservices.ecourts.gov.in/hcservices/

petitioner dated 17.03.2017, within a time stipulated, by this Court.

4. Though the petitioner was transferred by the proceedings dated 20.02.2017, the petitioner by his representation, dated 17.03.2017, expressed his grievance and inconvenience that he has serious complaints, because of the problem in his physical condition. He also alleged that he is taking treatment for an acute pain due to disfigurement of bones in the spinal cord. Due to medical ground, he requested the authority not to transfer him and to allow him to work in the same place where he was working namely Thiruthuraipoondi.

5. Considering the request of the petitioner's counsel, this Court is inclined to issue the following direction. The second respondent is directed to consider the representation of the petitioner, dated 17.03.2017, and pass appropriate orders on merits and in accordance with law, within a period of two weeks from the date of receipt of a copy of this order.

6. Accordingly, the Writ petition is disposed of. No costs. Consequently, connected Miscellaneous petition is closed. Sd/- Assistant Registrar (CS-II) /True copy/ Sub Assistant Registrar +1 CC to MR.S.P.VIJAY NIVAS, Advocate, SR No. 51870 +1 CC to MR.D.SIVARAMAN, Advocate, SR No. 51924 VSA/KM PSM/MMS/05.05.2017/2P/3C ORDER MADE IN W.P.(MD).No.6677 of 2017 13.04.2017 https://hcservices.ecourts.gov.in/hcservices/