W.P.(MD) No.21353 of 2019

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

DATED: 05.04.2022

CORAM:

THE HONOURABLE MR.JUSTICE S.M.SUBRAMANIAM

W.P.(MD) No.21353 of 2019

and

W.M.P.(MD) Nos.17997 & 22403 of 2019

S.Vijayaragavan

... Petitioner

vs.

1.The State of Tamil Nadu

rep.by its Principal Secretary to Government

Municipal Administration and

Water Supply Department

Fort St.George, Chennai-600 009

2.The Commissioner of Municipal Administration

Chepauk, Chennai-600 005

3.The Commissioner

Dindigul Corporation

Dindigul

4.The Commissioner

Vellore Corporation

Vellore

... Respondents

PRAYER: Writ Petition filed under Article 226 of the Constitution of

India for issuance of writ of certiorari calling for the records

relating to the impugned G.O.(D).No.387, Municpal Administration and

Water Supply (MC-5) Department, dated 27.09.2019, issued by the 1^st

respondent and consequential impugned reliving order issued by the

3^rd respondent in vide proceedings in Na.Ka.No.10591/2019/C1, dated

27.09.2019 and quash the same.

For Petitioner

:

Mr.V.R.Shanmuganathan

For Respondents :

Mr.N.Satheesh Kumar

Additional Government Pleader for R1 & R2

Mr.R.Lawrance for R3

O R D E R

The order of transfer, dated 27.09.2019, issued by the

first respondent and the consequential relieving order, dated

27.09.2019, issued by the third respondent are under challenge in

this writ petition.

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W.P.(MD) No.21353 of 2019

2. The petitioner is working as Assistant Revenue Officer

in Dindigul Municipal Corporation. The first respondent passed an

order of transfer accepting the proposal of the Commissioner of

Municipal Administration dated 07.09.2019 and posted the petitioner

as Assistant in Vellore Corporation in the existing vacancy.

3. The learned counsel for the petitioner mainly contended

that the impugned transfer order is punitive in nature. However,

the third respondent has filed a counter affidavit stating that it

is not punitive and it has been passed based on the administrative

exigency. The learned counsel for the petitioner fairly made a

submission that by virtue of the interim order passed in this writ

petition, the petitioner is continuing in the same post for about 2

½ years and therefore, the petitioner may be permitted to submit a

representation to the first respondent to consider his grievance.

4. In view of the above submission of the learned counsel

for the petitioner, the petitioner is at liberty to submit a

representation to the first respondent to redress his grievance, if

still exists. As regards the impugned orders are concerned, no

further adjudication is required. Accordingly, the writ petition is

dismissed. No costs. Consequently, connected miscellaneous

petitions are closed.

Sd/-

Assistant Registrar (P&A)

// True Copy //

/ /2022

Sub Assistant Registrar(CS)

krk

To:

1.The Principal Secretary to Government,

Municipal Administration and

Water Supply Department,

State of Tamil Nadu,

Fort St.George, Chennai-600 009.

2.The Commissioner of Municipal Administration

Chepauk, Chennai-600 005

3.The Commissioner

Dindigul Corporation

Dindigul

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W.P.(MD) No.21353 of 2019

4.The Commissioner

Vellore Corporation

Vellore

+1 CC to M/s.J. LAWRANCE, Advocate ( SR-16789[F] dated 06/04/2022 )

+1 CC to M/s.SPL.GP ( SR-16899[F] dated 06/04/2022 )

+1 CC to M/s.M. DINESH, Advocate ( SR-17334[F] dated 07/04/2022 )

W.P.(MD) No.21353 of 2019

and

W.M.P.(MD) Nos.17997 & 22403 of 2019

05.04.2022

RK(19/04/2022) 3P 8C

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