T.Viji v. The Additional Chief Secretary/Commissioner Of Revenue

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 03.01.2025

CORAM:

THE HON'BLE MR.JUSTICE R.VIJAYAKUMAR W.P.(MD).No.26398 of 2024 and W.M.P.(MD).Nos.22363 and 22365 of 2024 T.Viji ... Petitioner Vs.

1. The Additional Chief Secretary/Commissioner of Revenue Administration, Revenue Administration & Disaster Management Department, Chepauk, Chennai - 5.

2. The District Collector, Tirunelveli District.

... Respondents Prayer : Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Certiorari, to call for the records pertaining to the Impugned Order in Se.Mu.Aa.No.Pani7(3)10535/2019 dated 21.10.2024 on the file of the Respondent No.1 and quash the same. For Petitioner : Mr.G.Karthik For Respondents : Mr.A.Baskar Additional Government Pleader 1/4

ORDER

The instant Writ Petition has been filed by the Deputy Tahsildar challenging the order of transfer from Tirunelveli District to Virudhunagar District.

2. The primary contention of the learned counsel for the Petitioner is that the seniority in the cadre of the Deputy Tahsildar is being maintained at the District level. Therefore, the present order of transfer cannot be construed to be on administrative reasons. The order of transfer will certainly affect the Petitioner's seniority when she is transferred to another district.

3. Further it is brought to the notice of the Court that the District Collector, Virudhunagar has addressed a communication on 29.10.2024 to the 1st Respondent to the effect that, as of today, there are no vacancies in the cadre of Deputy Tahsildar in Virudhunagar District. 2/4

4. Considering the fact that the transfer from Tirunelveli District to Virudhunagar District would affect her seniority and there are no vacancies in the cadre of Deputy Tahsildar in Virudhunagar District, this Court is inclined to interfere with the order of transfer. Therefore, the impugned order of transfer dated 21.10.2024 is set aside. Accordingly, the Writ Petition is allowed. No costs. Consequently, connected Miscellaneous Petitions are closed.

03.01.2025 NCC :yes/No Index :yes/No Internet:yes/No rgm To

1. The Additional Chief Secretary/Commissioner of Revenue Administration, Revenue Administration & Disaster Management Department, Chepauk, Chennai - 5.

2. The District Collector, Tirunelveli District.

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R.VIJAYAKUMAR , J.

rgm W.P.(MD).No.26398 of 2024 and W.M.P.(MD).Nos.22363 and 22365 of 2024 03.01.2025 4/4