A writ petition by a Panchayat Secretary seeking a mandamus to implement a transfer order. The Court observed that the impugned transfer order was cancelled the day after it was passed, negating the necessity of a writ to implement it.
The writ petition was dismissed. The petitioner is at liberty to challenge the subsequent cancellation order.
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.7326 of 2024
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 21.10.2024
CORAM:
THE HONOURABLE MR.JUSTICE R.VIJAYAKUMAR
W.P(MD)No.7326 of 2024 and W.M.P(MD).Nos.6739, 6740 & 9078 of 2024
A.Selvakumar ... Petitioner
vs
1.The District Collector, Trichy District, Trichy.
3.The President, Puthurpalayam Panchayat, Pullambadi Panchayat Union, Lalgudi Taluk, Trichy District.
... Respondents
PRAYER: Writ Petition is filed under Article 226 of the Constitution of India, to issue a writ of Mandamus, directing the 2nd respondent to implement the order of transfer passed by the 2nd respondent vide Na.Ka.No.Aa2/332/2023 dated 15.03.2024 and consequently to allow the petitioner to function peacefully in the said post without any hindrance.
1/4
W.P.(MD).No.7326 of 2024
For Petitioner : M/s.V.Sujatha For Respondents : Mr.S.Shaji Bino Special Government Pleader
O R D E R
The instant writ petition has been filed by a Panchayat Secretary seeking a Mandamus as against the 2 nd respondent herein to implement his order of mutual transfer dated 15.03.2024.
2. It is brought to the notice of this Court that the order of mutual transfer passed on 15.03.2024, in favour of the writ petitioner, has been cancelled on 16.03.2024. Therefore, the question of issuing a mandamus as against the 2 nd respondent to implement his order, dated 15.03.2024, does not arise.
3. However, the petitioner is at liberty to challenge the order, dated
16.03.2024, if he is so aggrieved.
2/4
W.P.(MD).No.7326 of 2024
4. With the above said observation, this Writ petition stands dismissed.
No costs. Consequently, connected miscellaneous petitions are closed.
21.10.2024
NCC : Yes/No Index : Yes / No Internet : Yes / No gvn
To 1.The District Collector, Trichy District, Trichy.
3.The President, Puthurpalayam Panchayat, Pullambadi Panchayat Union, Lalgudi Taluk, Trichy District.
3/4
W.P.(MD).No.7326 of 2024
R.VIJAYAKUMAR,J.
gvn
W.P(MD)No.7326 of 2024
21.10.2024
4/4
1 issue framed by the court
Whether a writ of Mandamus should be issued directing the 2nd respondent to implement a transfer order that was subsequently cancelled?
1 provisions across 1 enactments
A.Selvakumar
The District Collector, Trichy District, Trichy
The Block Development Officer, Pullambadi Panchayat Union, Trichy
The President, Puthurpalayam Panchayat, Pullambadi Panchayat Union, Lalgudi Taluk, Trichy District
R.Vijayakumar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
