Madras High CourtWA(MD)/408/2013dismissed

P.Rajathi, v. S.Suganthibah,

2017-06-05Honourable Mr Justice T. S. Sivagnanam,Honourable Mr Justice P. Velmurugan3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 05.06.2017

CORAM:

THE HONOURABLE MR.JUSTICE T.S.SIVAGNANAM AND THE HONOURABLE MR.JUSTICE P.VELMURUGAN W.A.No.408 of 2013 and M.P(MD).No.1 of 2013 P.Rajathi : Appellant Vs.

1. S.Suganthibah

2. TDTA Schools, Nellai Diocese Office, Palayamkottai, Tirunelveli District, by its Manager.

3. The Correspondent, TDTA Primary Schools,

4. The Additional Assistant Elementary Educational Officer, Sankaran Kovil,

5. The District Elementary Educational Officer, Tirunelveli.

6. The Accountant General, Chennai.

...Respondents

PRAYER: Writ Appeal is filed under Clause 15 of the Letters Patent Appeal to set aside the order passed by this Court in W.P.(MD) No.1634 of 2004 dated 25.07.2008.

Prayer in WP(MD). 1634/ 2004 :

Writ Petition is filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Certiorari calling for the records of the 1st respondent dated 22.7.2004, transferring to the respondent s school at Kondireddipatti and quash the same.

For Appellant : Mr.E. Ilango For Respondents : Mr.K. Muthumalai - R1 No appearance R2 and R3 Mr.V.Murugangantham, AGP-R4&R5 Mr. P. Gunasekaran, R6

JUDGMENT

************* [Judgment of the Court was made by T.S.SIVAGNANAM, J.] This Writ Appeal is directed against the order made in W.P (MD).No.1634 of 2004, dated 25.07.2008.

2. The writ Petitioner is the first respondent herein, who challenged the order of transfer dated 22.07.2004. The Writ Court allowed the writ petition by the impugned order on the ground that the writ petitioner retired from service on attaining the age of superannuation and therefore, set aside the order of transfer dated 22.07.2004, as against which, the appellant, who is the 3rd respondent in the writ petition, has filed this writ appeal.

3. Record of proceedings would show that the appeal was not admitted nor notice was ordered to the respondents on two earlier occasions. In view of the efflux of time, nothing survives for consideration in this Writ Appeal. Hence, the Writ Appeal is dismissed. No costs. Consequently, connected Miscellaneous Petition is closed.

Sd/- Assistant Registrar(AS) /True Copy/ Sub Assistant Registrar To

1. TDTA Schools, Nellai Diocese Office, Palayamkottai, Tirunelveli District, by its Manager.

2. The Correspondent, TDTA Primary Schools,

3. The Additional Assistant Elementary Educational Officer, Sankaran Kovil,

4. The District Elementary Educational Officer, Tirunelveli.

5. The Accountant General, Chennai.

+1cc to Spl.Government Pleader Sr.No. 58566 +1cc to M/s. Ajmal Associates, Advocate Sr.No.58661 TRP/MSA VB/MR/SAR4/16.06.2017/3P/8C JUDGMENT MADE IN W.A.No.408 of 2013 and M.P(MD).No.1 of 2013 05.06.2017