Madras High CourtWP(MD)/21326/2019dismissed

Velmurugan v. The State Of Tamilnadu

2022-03-02Honourable Mr Justice S.M. Subramaniam3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 02.03.2022

CORAM

THE HONOURABLE MR.JUSTICE S.M.SUBRAMANIAM and WMP(MD)Nos.17975 and 17977 of 2019 Velmurugan ... Petitioner Vs.

1.The State of Tamil Nadu, Rep.by its Principal Secretary to Government, Cooperation, Food and Consumer Protection (CN-1) Department, Secretariat, Fort St.George, Chennai - 600 009.

2.The Registrar of Cooperative Societies, Chennai.

3.The Joint Registrar of Cooperative Societies / The Common Cadre Officer, Office of the Joint Registrar of Cooperative Societies, Tuticorin.

4.The Deputy Registrar of Cooperative Societies, Office of the Deputy Registrar of Cooperative Societies, Tuticorin.

5.The President, TNSPL 49, Vallinayagipuram Primary Agricultural Cooperative Credit Society Ltd., Vallinayagipuram, Ottapidaram Taluk, Thoothukudi District.

6.The President, O.787 Veppalodai Primary Agricultural Cooperative Credit Society Ltd., Veppalodai, Ottapidaram Taluk, Thoothukudi District.

... Respondents PRAYER: Petition filed under Article 226 of the Constitution of India praying for issuance of a Writ of Certiorari, to call for the 1/3

impugned G.O.Ms.No.14 Cooperation, Food and Consumer Protection (CN-1) Department, dated 12.02.2019, on the file of the 1st respondent and consequential impugned order of transfer passed by the 3rd respondent in Na.Ka.No.3651 of 2019 Tho.Ve.Sa(19), dated 16.07.2019 transferring the petitioner from the 5th respondent Society to the 6th Respondent Society and to quash the same as illegal.

For Petitioner :Mr.A.S.Vaigunth For R1 to R6 :Mr.P.Thilak Kumar Government Pleader, Assisted by, Mr.M.Ramesh, Government Pleader

O R D E R

The petitioner is an employee of a Co-operative Society. He was working as Secretary. As he was coming under the common cadre service, the Joint Registrar of Co-operative Society, Thoothukudi, passed an order of transfer, transferring the writ petitioner from Vallinayagipuram Primary Agricultural Co-operative Credit Society to Veppalodai Primary Agricultural Cooperative Credit Society Ltd. The transfer order was passed on 16.07.2019.

2. The learned Government Pleader now brought to the notice of this Court that during pendency of the writ petition, the writ petitioner was placed under suspension on 04.09.2020.

3. In view of the fact that the petitioner was placed under suspension, the order of transfer at this circumstances need not be interfered with nor the grounds raised deserves to be considered. More so, an order of transfer is incidental to service and the petitioner was transferred within the District. This being the factum, the writ petition deserves no merits consideration and accordingly, stands dismissed. No costs. Consequently, the connected miscellaneous petitions are also dismissed. Sd/- Deputy Registrar (A/c) // True Copy // / /2022 Sub Assistant Registrar(CS) MPK 2/3

To 1.The Principal Secretary to Government, State of Tamil Nadu, Cooperation, Food and Consumer Protection (CN-1) Department, Secretariat, Fort St.George, Chennai - 600 009.