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Madras High CourtWP(MD)/20805/2016dismissed as infructuous

Sakthi v. The District Collector

2023-07-27Honourable Mr. Justice Battu Devanand6 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 27.07.2023

CORAM:

THE HONOURABLE Mr.JUSTICE BATTU DEVANAND and W.M.P.(MD) Nos.14857 and 14858 of 2016 Sakthi .. Petitioner Vs.

1.The District Collector, Virudhunagar District.

2.The Commissioner, Aruppukkottai Municipality, Virudhunagar District.

3.S.Thanga Meenakshi, Noon Meal Organizer, Noon Meal Centre for Panchayat Union Middle School, East West Car Street, Virudhunagar District.

.. Respondents Prayer: Petition filed under Article 226 of the Constitution of India, praying for issuance of Writ of Certiorari to call for the records relating to the impugned order of the second respondent in Na.Ka.No. 9159/2016/C1 dated 16.09.2016, quash the same.

For Petitioner :

Mr.C.Christopher For R1 :

Mr.A.Kannan Additional Government Pleader For R2 :

Mr.N.Dilipkumar Standing Counsel

ORDER

This writ petition has been filed against the order of the second respondent in Na.Ka.No.9159/2016/C1, dated 16.09.2016.

2. The petitioner had been working as a Noon Meal Organiser in the Noon Meal Centre of Municipal High School situate in Nesavalar Colony under the control of the second respondent herein. While so, the second respondent issued a transfer order transferring the petitioner to the Noon Meal Centre attached to Panchayat Union Middle School, EastWest Car Street under the control of the second respondent. Aggrieved by the said transfer order, the petitioner sent a representation dated 22.09.2016 to the second respondent requesting to permit the petitioner to continue in the present place of work, until proper transfer order is

issued to the petitioner. The said representation is not considered. Aggrieved by the transfer order dated 16.09.2016, the present writ petition is filed.

3. Counter affidavit has been filed on behalf of the second respondent.

4. Learned Standing Counsel appearing for the second respondent, on instructions, submits that the petitioner joined in the Noon Meal Centre attached to the Panchayat Union Middle School, East-West Car Street under the control of the second respondent as the Noon Meal Organiser, pursuant to the order impugned in this writ petition, dated 16.09.2016 and continuing in the same post and place till now and as such, no further adjudication is required in the present writ petition.

5. Learned counsel for the petitioner also accepted that after joining in the transferred place only, the present writ petition is filed.

6. Having considered the facts and circumstances of the case, it appears that the second respondent issued the impugned order transferring the petitioner, but the petitioner approached this Court by filing this writ petition against the transfer order only after joining in the transferred post and she is continuing in the said post from the year 2016 to till date and as such, in the considered opinion of this Court, no further adjudication is required in this case.

7. Accordingly, this Writ Petition is dismissed as infructuous.

8. However, there shall be no order as to costs.

9. Consequently, connected miscellaneous petitions are closed. 27.07.2023 NCC : Yes/No Index : Yes/No Internet : Yes abr

To 1.The District Collector, Virudhunagar District.

2.The Commissioner, Aruppukkottai Municipality, Virudhunagar District.

BATTU DEVANAND, J.

abr Dated : 27.07.2023