Madras High CourtWP(MD)/4463/2017dismissed as infructuous

K.Chitravel v. The Managing Director,

2022-07-28Honourable Mr Justice G. Chandrasekharan6 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 28.07.2022

CORAM

THE HONOURABLE MR.JUSTICE G.CHANDRASEKHARAN and M.P.(MD).No.3582 of 2017 K.Chitravel ... Petitioner Vs.

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

2. The General Manager, Tamil Nadu State Transport Corporation (Kumbakonam) Limited, Nagapattinam Zonal, No.140, Public Office Road, Velippalayam, Nagapattinam District - 611 001.

... Respondents

PRAYER: Petition filed under Article 226 of the Constitution of India praying for issuance of Writ of Certiorari, calling for the records of the second respondent relating to the impugned order in No. 02-16/Pa.Pi.E3/TNSTC (Kumbakonam) Nagai/2017 dated 22.02.2017 and quash the same.

For Petitioner :

Mr.SP.Vijay Nivas For Respondents :

Mr.A.Balaji for Mr.D.Sivaraman

O R D E R

The impugned order passed by the second respondent in Proceedings No.02-16/Pa.Pi.E3/TNSTC (Kumbakonam) Nagai/201,7 dated 22.02.2017, is under challenge in the present Writ Petition.

2. When the matter is taken up for hearing, the learned counsel for the respondents submitted that as per the order passed in W.M.P.(MD)No. 3582 of 2017 in W.P.(MD)No.4463 of 2017, transfer order was stayed by this Court. In pursuance of the stay order, the respondents passed an order on 20.06.2017 in Proceedings No.06-05/ggp-,3-

jehmnghf(F)ehif-2017 cancelling the transfer order. Therefore, nothing survives in this petition.

3. In response, the learned counsel for the petitioner submitted that though the impugned transfer order was cancelled by the respondents, subsequently the petitioner was again transferred from Thiruthuraipoondi to Karaikkal.

4. In reply to the submission, the learned counsel for the respondents submitted that the petitioner was involved in misconduct with another staff and therefore, he was suspended and there was a subsequent transfer.

5. I have considered the rival submissions made by the learned counsel appearing for the parties and perused the materials placed before this Court.

6. This case is concerned with the transfer of petitioner from Thiruthuraipoondi to Karaikkal as per the order impugned above. After granting of interim stay by this Court, the order was cancelled and therefore, this Writ Petition has come to an end and the relief sought for by the petitioner became infructuous. Therefore, this petition is dismissed as infructuous. It is open to the petitioner to work out his remedy in the manner known to law with regard to the subsequent transfer.

7. Accordingly, this Writ Petition is dismissed as infructuous. No costs. Consequently, connected Miscellaneous Petition is closed. 28.07.2022 Index : Yes / No Speaking Order : Yes / No vji

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

2. The General Manager, Tamil Nadu State Transport Corporation (Kumbakonam) Limited, Nagapattinam Zonal, No.140, Public Office Road, Velippalayam, Nagapattinam District - 611 001.

G.CHANDRASEKHARAN, J.

vji and M.P.(MD).No.3582 of 2017 28.07.2022