Madras High CourtWP(MD)/26817/2023allowed

Johnson. A v. The District Collector

2023-11-29Honourable Mr Justice R.Vijayakumar5 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 29.11.2023

CORAM

THE HONOURABLE MR.JUSTICE R.VIJAYAKUMAR and W.M.P(MD)Nos.23039, 23040 & 23660 of 2023 A.Johnson ... Petitioner Vs.

1.The District Collector, Tenkasi District, Tenkasi.

2.The Project Director, District Rural Development Agency, Tenkasi, 3.The Block Development Officer, Keelapavoor Panchayat Union, Pavoorchathiram, Tenkasi Taluk, 4.The Block Development Officer, Melaneelithanallur Panchayat Union Office, Melaneelithanallur, Sankarankovil Taluk, 1/5

5.Poochendu ... Respondents Prayer : Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Certiorari, calling for the records relating to the impugned order in Na.Ka.No.COLRD/4329/2023 - N 2, dated 01.11.2023 passed by the first respondent and quash the same as illegal. For Petitioner : Mr.R.J.Karthick For R-1 & R-2 : Mr.T.Villavan Kothai Additional Government Pleader For R-3 & R-4 : M/s.K.Christy Theboral Standing Counsel For R-5 : Mr.R.Anand

ORDER

The present writ petition has been filed by an Assistant Engineer challenging the order of his transfer from Keelapavoor to Melaneelithanallur on the ground that he has been specifically transferred to accommodate the private respondent. In view of the interim orders, the petitioner has been retained at Keelapavoor Panchayat Union. The authorities have agreed to retain the petitioner at Keelapavoor Panchayat Union as per the order, dated 19.08.2023 and 22.08.2023. Therefore, the order, dated 01.11.2023 is set aside. In view of the transfer orders effected by the District Collector, Tenkasi, dated 19.08.2023 2/5

and 22.08.2023, the petitioner shall be retained at Keelapavoor for a period of three years.

2. With the above said observation, this writ petition stands allowed to the extent as stated above. There shall be no order as to costs. Consequently, connected Miscellaneous Petitions stand closed. 29.11.2023 NCC : Yes / No Index : Yes / No Internet : Yes BTR To 1.The District Collector, Tenkasi District, Tenkasi.

2.The Project Director, District Rural Development Agency, Tenkasi, 3.The Block Development Officer, Keelapavoor Panchayat Union, Pavoorchathiram, Tenkasi Taluk, 3/5

4.The Block Development Officer, Melaneelithanallur Panchayat Union Office, Melaneelithanallur, Sankarankovil Taluk, 4/5

R.VIJAYAKUMAR, J.

BTR 29.11.2023 5/5