The single-judge bench allowed the appellant to withdraw the writ appeal subject to removal of costs. Upholding the transfer order, the court set aside the imposition of Rs. 25,000/- costs, disposing the appeal with no costs and closing connected CM. Ps.
Appeal allowed; transfer order upheld; costs of Rs. 25,000/- set aside; no other costs.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 22.07.2020
CORAM :
The Hon'ble Mr.A.P.SAHI, THE CHIEF JUSTICE
AND
The Hon'ble Mr.JUSTICE SENTHILKUMAR RAMAMOORTHY
W.A.No.487 of 2020 and C.M.P.No.7212 and 7302 of 2020 G.Krishnaveni .. Appellant -vs1.The State of Tamil Nadu, Rep. by its Principal Secretary, Health and Family Welfare Dept., Fort St. George, Madras 9. 2.The Joint Commissioner (Health) Greater Chennai Corporation, Ripon Buildings, Chennai-3. .. Respondents
Appeal filed under Clause 15 of the Letters Patent against the order dated 20.05.2020 passed in W.P.No.7700 of 2020 on the file of this Court.
Prayer in WP.No.7700 of 2020:Petition filed under article 226 of the Constitution of India, praying to issue a writ of certiorarified Mandamus to Call for the records in proceedings dated 1.5.2020 passed by the 2nd respondent in Na.Ka. No.F5/0521/ 2020 by quashing the same and consequently direct the 2nd respondent to permit the petitioner to continue her services as Maternal Child Health Officer in the Adyar Medical Zone.
For Appellant : Mr.V.Raghavachari For Respondents : Mr.S.Kamalesh Kannan Govt. Advocate for R-1 : Mr.K.Raja Srinivas Standing Counsel for R-2
Page 1 of 2
JUDGMENT
(Delivered by The Hon'ble Chief Justice)
After the matter was heard at length, Mr.V.Raghavachari, learned counsel for the appellant, on instructions, states that he may be permitted to withdraw the appeal, subject to the removal of costs imposed on the appellant.
2.In view of the said submission raised, we find that the issue of transfer was raised on account of a bonafide belief that the transfer order was invalid and therefore, it cannot be said that the petition was filed with some ulterior motive. Consequently, we do not find any justification for imposition of costs. We, however, uphold the order of transfer, but, we set aside the imposition of costs of Rs.25,000/-.
The Writ Appeal is, accordingly, disposed of. No costs.
Consequently, C.M.P.Nos.7212 and 7302 of 2020 are closed.
-s/d-
Assistant Registrar
True Copy
Sub-Assistant Registrar
sra
To
1.The Principal Secretary to Govt. of Tamil Nadu,
Health and Family Welfare Dept.,
Fort St. George, Madras 9.
2.The Joint Commissioner (Health)
Greater Chennai Corporation,
Ripon Buildings, Chennai-3.
W.A.No.487 of 2020
aa12/08/2020
Page 2 of 2
1 issue framed by the court
Whether costs should be imposed on the appellant for filing an appeal based on a bonafide belief regarding transfer validity.
Savitri G. Krishnaveni
The State of Tamil Nadu
The Joint Commissioner (Health) Greater Chennai Corporation
A.P. Sahi
Senthilkumar Ramamoorthy
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
