Petitioner challenged a transfer order via writ petition. Court held that as the petitioner was already transferred and working in the new place during pendency, the petition had become infructuous. Petition dismissed.
Petition dismissed as infructuous; connected miscellaneous petition closed.
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.
W.P.(MD).No.10435 of 2016
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 11.04.2023
CORAM
THE HONOURABLE MRS.JUSTICE S.SRIMATHY
W.P.(MD).No.10435 of 2016 and W.M.P.(MD).No.8140 of 2016
N.Sankara Nainar
... Petitioner
Vs.
Tirunelveli District.
Prayer : Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Certiorarified Mandamus, to call for the records relating to the impugned order of the first respondent in Na.Ka. No.1788/A1/2015 dated 02.03.2016 and served to the petitioner by the second
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respondent on 30.05.2016 and to quash the same and consequently directing the respondents 1 and 2 to permit the petitioner to work in the present place i.e., S.M.S.S. Government Boys Higher Secondary School, Shencottai.
For Petitioner : Mr.V.Kannan For R-1 and R-2 : Mr.V.Omprakash, Government Advocate.
ORDER
The Writ Petition is filed to quash the order dated 02.03.2016 with a consequential direction to permit the petitioner to work in the present place i.e., S.M.S.S. Government Boys Higher Secondary School, Shencottai.
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11.04.2023
NCC : Yes/No Index : Yes / No Internet : Yes/ No Nsr
To
1.The District Educational Officer, Tenkasi, Tirunelveli District. 2.The Headmaster, S.M.S.S.Government Boys Higher Secondary School, Shencottai, Tirunelveli District.
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S.SRIMATHY, J.
Nsr
W.P.(MD).No.10435 of 2016
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2 issues framed by the court
Whether the writ petition to quash a transfer order is maintainable when the petitioner has already been transferred and is working in the new place pending the petition.
Whether a writ petition becomes infructuous if the facts on the ground have changed such that the prayer loses its practical utility.
N.Sankara Nainar
The District Educational Officer, Tenkasi
The Headmaster, S.M.S.S.Government Boys Higher Secondary School, Shencottai
Muthulakshmana Perumal
S.Srimathy
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
