V.R.Murugavel, v. The Joint Director/

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 04.05.2017

CORAM

THE HON'BLE MR.JUSTICE P.N.PRAKASH W.P.(MD) No.8787 of 2017 and W.M.P.(MD) No.6743 of 2017 V.R.Murugavel ... Petitioner -vs1.The Joint Director / Managing Director, The Tamilnadu Textile Corporation Ltd., Corporation Shopping Complex, 3rd Floor, Dr.Nanjappa Road, Coimbatore -18.

2.A.Idhayaraj, Factory Incharge, The Tamilnadu Textile Corporation Auto Loom Shed, Kurichi, Coimbatore.

... Respondent Prayer: Writ Petition filed under Article 226 of the Constitution of India for issuance of a writ of Certiorari, calling for the records relating to the impugned order made in Ref:IA/3/3/17-18 dated 28.04.2017 passed by the first respondent and quash the same.

For Petitioner :

Mr.G.R.Swaminathan, For Mr.D.Sadiq Raja.

For R1 :

Mr.D.Muruganandam, Addl. Govt. Pleader *****

O R D E R

The petitioner is challenging the transfer order dated 28.04.2017, transferring him from Aruppukottai Power Loom Complex to Kuruchi Autoloom Shed.

2. Heard Mr.G.R.Swaminathan, learned Counsel appearing for the petitioner and Mr.D.Muruganandham, learned Additional Government Pleader appearing for the first respondent.

3. The learned Counsel for the petitioner fairly placed reliance on the judgment of the Honourable Supreme Court in the case of Somesh Tiwari vs. Union of India and others reported in (2009) 2 Supreme Court Cases 592, wherein the Honourable Supreme Court has clearly stated that, an order of transfer should not be lightly interfered with by the Courts and that the same can be

interfered with only if it is shown that there has been malice in law or malice in fact.

4. The learned Counsel for the petitioner submitted that this is a case where there is a malice in law and in support of this contention, he took this Court through the impugned order dated 28.04.2017, wherein it is stated that one Mr.A.Ithayaraj has been giving representations dated 23.07.2015, 26.07.2015 and 01.03.2017 for transferring him out of Kuruchi Autoloom Shed to Aruppukottai Power Loom Complex and he is being transferred from Kuruchi Autoloom Shed to Aruppukottai Power Loom Complex on request and the petitioner is in turn transferred from Aruppukottai Power Loom Complex to Kuruchi Autoloom Shed for Administrative reasons in his place.Therefore, the learned Counsel for the petitioner contended that this transfer order is malice in law. He also submitted that Mr.A.

Ithayaraj has been transferred on his own request, but whereas the petitioner has been transferred on administrative ground. In other words, it is the submission of Mr.G.R.Swaminathan that both of them should have been transferred either on request or for administrative reason and that transferring one on request and transferring the other for administrative reasons, is malicein-law.

5. I am unable to agree with the submission of the learned counsel for the petitioner, as the fallacy in his contention can be best explained with an example. "X", Magistrate working for a year in Thanjavur makes a request to the High Court for transferring him to Chennai, on the ground that his wife is suffering from Cancer and that she requires a specialized treatment in the Cancer Institute at Adyar. If the High Court is satisfied with the genuineness of the request, "X" will be transferred on request to Chennai. If the High Court finds that, "Y", a Magistrate is serving in Chennai for about three years, he can be transferred on administrative ground to Thanjavur in the place of "X". This is what has been done in the instant case, inasmuch as Mr.A.

Ithayaraj has been making fervent request for transferring him from Kuruchi Autoloom Shed to Aruppukottai Power Loom Complex and after examining his request, the Administration has transferred him by the impugned order as requested by him. While so, Murugavel/petitioner herein has been in Aruppukottai Power Look Complex since 2014 and therefore, the Administration has transferred Murugavel for administrative reasons to Kuruchi Autoloom Shed.

6. In view of the above, this Court is of the opinion that it is not a case where the transfer is malice-in-law, warranting interference by this Court. Accordingly, the Writ Petition is devoid of merits and the same is dismissed. No costs.

Consequently, the connected W.M.P.(MD) No.6743 of 2017 is also dismissed.

Sd/- Assistant Registrar(T&P) /True Copy/ Sub Assistant Registrar.

To:

The Joint Director / Managing Director, The Tamilnadu Textile Corporation Ltd., Corporation Shopping Complex, 3rd Floor, Dr.Nanjappa Road, Coimbatore -18.

+1CC to M/S.D.Saliq Raja, Advocate, SR.No. 55646 +1CC to the Special Government Pleader SR.No. 55778 W.P.(MD) No.8787 of 2017 and W.M.P.(MD) No.6743 of 2017 Cmr/ssl/ar AM/SV/SAR 4/08.05.2017/3P/4C