G.Ayyanar v. The Block Development Officer

W.P.(MD) No. 23851 of 2019 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 23.09.2021

CORAM

THE HON'BLE MR. JUSTICE D.KRISHNAKUMAR W.P.(MD) No. 23851 of 2019 and W.M.P.(MD) No.20471 of 2019 G.Ayyanar ... Petitioner Vs.

The Block Development Officer (Village Panchayat) cum Special Officer, Watrap Panchayat Union, Virudhunagar District.

... Respondent PRAYER: Petition filed under Article 226 of the Constitution of India, for issuance of a Writ of Mandamus, directing the respondent herein to consider the case of the petitioner's case for transferring him to Khansapuram panchayat, Virudhunagar district based on the proceedings passed in Na.Ka.No.R2/23705/2019 dated 01.10.2019 by the District Collector, Virudhunagar and pass such further or other orders as this Court.

For Petitioner : Mr.M.Padmavathy For Respondent : Mr.S.Shanmugavel, Standing Counsel for State.

O R D E R

This petition has been filed for the issuance of a Writ of Mandamus, directing the respondent herein to consider the case of the petitioner for transferring him to Khansapuram panchayat, Virudhunagar district based on the proceedings passed in Na.Ka.No.R2/23705/2019 dated 01.10.2019 by the District Collector, Virudhunagar.

2. According to respondent, the impugned transfer order was passed by the District Collector, Virudhunagar on 07.011.2019 and the said District Collector is not impleaded as a party in this Writ Petition. Therefore, the writ petition is not maintainable as the Block Development Officer cum Special Officer is shown as the respondent in the present Writ Petition and no interim order has been passed.

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W.P.(MD) No. 23851 of 2019

3. In view of the above fact, the Writ Petition is dismissed as not maintainable as against the respondent. No costs. Consequently, connected Miscellaneous Petition is closed.

Sd/- Assistant Registrar (AE) // True Copy // / /2021 Sub Assistant Registrar(CS) mnr/btr Note : In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate/litigant concerned. To The Block Development Officer (Village Panchayat) cum Special Officer, Watrap Panchayat Union, Virudhunagar District.

+1 CC to M/s.SPL. GP ( SR-30153[F] dated 24/09/2021 ) W.P.(MD).No.23851 of 2019 23.09.2021 RK (07.10.2021) 2P 3C https://hcservices.ecourts.gov.in/hcservices/ 2/2