Veeman.R v. The District Collector

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 02.11.2022

CORAM

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN and W.M.P.(MD)Nos.18845 & 18846 of 2022 R.Veeman ... Petitioner Vs.

1.The District Collector, Sivagangai District, Sivagangai.

2.The Revenue Divisional Officer, Sivagangai, Sivagangai District.

3.The Tahsildar, Thiruppuvanam Taluk, Sivagangai District.

4.R.Subramani 5.S.Shanmugapriya ... Respondents Prayer : Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Certiorarified Mandamus, to call for the records relating to the impugned order of the 2nd respondent in Na.Ka.A2/1342/2019 dated 18.10.2022 and consequential portion of the impugned order in serial No.2 of the 2nd respondent in Na.Ka.A2/1342/2019 1/4

dated 20.10.2022 and quash the same as illegal and consequently directing respondents Nos.1 to 3 to permit the petitioner to work continuously as Village Administrative Officer at Pottapalaiyam Group, Thiruppuvanam Taluk, Sivagangai District or otherwise any other village within the jurisdiction of the Thiruppuvanam Taluk.

For Petitioner : Mr.V.Thirumal For R1 to R3 : Mr.A.K.Manikkam Special Government Pleader

ORDER

Heard the learned counsel appearing for the petitioner and the learned Special Government Pleader appearing for R1 to R3.

2. The learned counsel appearing for the petitioner on instructions states that he is not pressing the allegations made in the affidavit against the private respondents. The private respondents are also given up.

3. By the impugned order, the petitioner was transferred to Aranaiyur Group in Ilayangudi Taluk. The petitioner is having a special child who is suffering from mild mental retardation.

4. Considering the special facts and circumstance of this case, this Court called upon the learned Special Government Pleader to obtain instructions as to whether the transfer order can be varied. The case was adjourned to enable the learned Special Government Pleader to obtain instructions. 2/4

5. I am happy to record that today when the matter was taken up for hearing, the authority has expressed his willingness to modify the transfer order. It is stated by the official respondents that the petitioner can be transferred to Kattikulam Village in Manamadurai Taluk. The petitioner is happy to accept the said offer.

6. Recording the submission made by the learned counsel on either side, the respondents 1 & 2 are directed to post the petitioner at Kattikulam Village in Manamadurai District. Such an order will be issued within a week. The petitioner also undertakes to immediately comply with the same.

7. The Writ Petition is disposed of accordingly. No costs. Consequently, connected miscellaneous petitions are closed. 01.11.2022 Index : Yes / No Internet : Yes/ No rmi NOTE: Issue Order Copy on 03.11.2022 To 1.The District Collector, Sivagangai District, Sivagangai.

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G.R.SWAMINATHAN, J.

rmi 2.The Revenue Divisional Officer, Sivagangai, Sivagangai District.

3.The Tahsildar, Thiruppuvanam Taluk, Sivagangai District.

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