Thirukkumaran v. The Chief Election Commissioner,
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 19.12.2019
CORAM:
THE HONOURABLE MR.JUSTICE M.DURAISWAMY AND THE HONOURABLE MR.JUSTICE T.RAVINDRAN Thirukkumaran ... Petitioner Vs.
1.The Chief Election Commissioner, Tamil Nadu State Election Commission, No.208/2, Jawaharlal Nehru Road, Opp CMBT, Arumbakkam, Chennai - 600 106.
2.The District Collector, Madurai District, Madurai.
3.The Commissioner, Kottampatti Panchayat Union and Election Officer, Melur Taluk, Madurai District.
... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing the third respondent to effect immediate transfer of the Chinnakaruppan as a Clerk from Boothamangalam Panchayat Office in Kottampatti Panchayat Union to any other Panchayat Union of Madurai District on administrative grounds not nearby Kottampatti Union office by considering the petitioner's representation dated 15.12.2019. For Petitioner : Dr.K.Malathi For R - 1 : Mr.Raja Karthikeyan For RR 2 & 3 : Mr.K.Chellapandian, Additional Advocate General.
Assisted by Mr.VR.Shanmuganathan, Special Government Pleader.
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ORDER
(Order of the Court was made by M.DURAISWAMY,J.) The petitioner has filed the above Writ Petition to issue a Writ of Mandamus, directing the third respondent to transfer one Chinnakaruppan working as clerk in Boothamangalam Panchayat Office in Kottampatti Panchayat Union to any other Panchayat Union of Madurai District on administrative grounds, far away from Kottampatti Union office by considering his representation dated 15.12.2019.
2.Mr.Raja Karthikeyan, learned counsel takes notice for the first respondent and Mr.K.Chellapandian, learned Additional Advocate General assisted by Mr.VR.Shanmuganathan, learned Special Government Pleader takes notice for the respondents 2 and 3. 3.The first and foremost point to be considered is that though the petitioner has filed the Writ Petition to issue a Writ of Mandamus to transfer one Chinnakaruppan as clerk in Boothamangalam Panchayat Office in Kottampatti Panchayat Union to some other place, he has not been made as a respondent in the Writ Petition. That apart, the petitioner has no locus standi to seek for transfer of that particular person to a place of his choice. It is for the authorities to decide whether to transfer a particular person or not.
4.Mr.K.Chellapandian, learned Additional Advocate General appearing for the respondents 2 and 3 submitted that the Block Development Officer, Kottampatti, had already transferred the said Chinnakaruppan from Boothamangalam Panchayat Office to Melavalu Panchayat Office by order dated 18.12.2019.
5.In view of the submissions made by the learned Additional Advocate General, we are not inclined to entertain the Writ Petition. Accordingly, the Writ Petition is dismissed. No costs. Sd/- Assistant Registrar (CS III) // True Copy // / /2020 Sub Assistant Registrar(CS) ps To 1.The Chief Election Commissioner, Tamil Nadu State Election Commission, No.208/2, Jawaharlal Nehru Road, 2/3
Opp CMBT, Arumbakkam, Chennai - 600 106.
2.The District Collector, Madurai District, Madurai.
3.The Commissioner, Kottampatti Panchayat Union and Election Officer, Melur Taluk, Madurai District.
+1 CC to M/s.K.MALATHI, Advocate ( SR-106201[F] dated 20/12/2019 ) +1 CC to M/s.RAJA KARTHIKEYAN, Advocate ( SR-106326[F] dated 20/12/2019 ) +1 CC to M/s.SPL.GP ( SR-106462[F] dated 26/12/2019 ) 19.12.2019 KK/SAR/07.01.2020/3P-7C/ 3/3