S.Vijayaragavan v. The State Of Tamilnadu

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 05.04.2022

CORAM:

THE HONOURABLE MR.JUSTICE S.M.SUBRAMANIAM and W.M.P.(MD) Nos.17997 & 22403 of 2019 S.Vijayaragavan ... Petitioner vs.

1.The State of Tamil Nadu rep.by its Principal Secretary to Government Municipal Administration and Water Supply Department Fort St.George, Chennai-600 009 2.The Commissioner of Municipal Administration Chepauk, Chennai-600 005 3.The Commissioner Dindigul Corporation Dindigul 4.The Commissioner Vellore Corporation Vellore ... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India for issuance of writ of certiorari calling for the records relating to the impugned G.O.(D).No.387, Municpal Administration and Water Supply (MC-5) Department, dated 27.09.2019, issued by the 1st respondent and consequential impugned reliving order issued by the 3rd respondent in vide proceedings in Na.Ka.No.10591/2019/C1, dated 27.09.2019 and quash the same.

For Petitioner :

Mr.V.R.Shanmuganathan For Respondents :

Mr.N.Satheesh Kumar Additional Government Pleader for R1 & R2 Mr.R.Lawrance for R3

O R D E R

The order of transfer, dated 27.09.2019, issued by the first respondent and the consequential relieving order, dated 27.09.2019, issued by the third respondent are under challenge in this writ petition.

1/3

2. The petitioner is working as Assistant Revenue Officer in Dindigul Municipal Corporation. The first respondent passed an order of transfer accepting the proposal of the Commissioner of Municipal Administration dated 07.09.2019 and posted the petitioner as Assistant in Vellore Corporation in the existing vacancy.

3. The learned counsel for the petitioner mainly contended that the impugned transfer order is punitive in nature. However, the third respondent has filed a counter affidavit stating that it is not punitive and it has been passed based on the administrative exigency. The learned counsel for the petitioner fairly made a submission that by virtue of the interim order passed in this writ petition, the petitioner is continuing in the same post for about 2 1⁄2 years and therefore, the petitioner may be permitted to submit a representation to the first respondent to consider his grievance.

4. In view of the above submission of the learned counsel for the petitioner, the petitioner is at liberty to submit a representation to the first respondent to redress his grievance, if still exists. As regards the impugned orders are concerned, no further adjudication is required. Accordingly, the writ petition is dismissed. No costs. Consequently, connected miscellaneous petitions are closed.

Sd/- Assistant Registrar (P&A) // True Copy // / /2022 Sub Assistant Registrar(CS) krk To:

1.The Principal Secretary to Government, Municipal Administration and Water Supply Department, State of Tamil Nadu, Fort St.George, Chennai-600 009.

2.The Commissioner of Municipal Administration Chepauk, Chennai-600 005 3.The Commissioner Dindigul Corporation Dindigul 2/3

4.The Commissioner Vellore Corporation Vellore +1 CC to M/s.J. LAWRANCE, Advocate ( SR-16789[F] dated 06/04/2022 ) +1 CC to M/s.SPL.GP ( SR-16899[F] dated 06/04/2022 ) +1 CC to M/s.M. DINESH, Advocate ( SR-17334[F] dated 07/04/2022 ) and W.M.P.(MD) Nos.17997 & 22403 of 2019 05.04.2022 RK(19/04/2022) 3P 8C 3/3