P.Thangaraj Vs The Commissioner of Town Panchayat (Additional Charge) — Madras HC (2025) — LawSathi Research

P.Thangaraj Vs The Commissioner of Town Panchayat (Additional Charge) — Madras HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

The order dated 10.07.2025 of the learned single Judge was set aside; the appellant was permitted to submit a fresh representation by 22.07.2025 without joining duty at the transferred place, the non-joining period to be adjusted against leave standing to his credit; the official respondents' undertaking to pass an appropriate order as expeditiously as possible was recorded; no order as to costs; connected C.M.P(MD)No.11320 of 2025 closed.

Issue for consideration

Whether the transfer of the appellant (Sanitary Supervisor) from Singampunari Town Panchayat to Pannaipuram Town Panchayat, Theni District, and the consequent dismissal of his writ petition, called for interference in light of his medical and physical condition.

Ratio / Principle

The appellant is permitted to submit a fresh representation by tomorrow (22.07.2025) itself, without joining in the transferred place.

Key takeaways

The court expressed the hope that the authorities will favourably and sympathetically consider the fresh representation and retain the writ petitioner in the very same district.ratio¶35
The non-joining period shall be adjusted to the leave standing in the credit of the appellant.ratio¶35
The order of the learned single Judge dated 10.07.2025 dismissing the writ petition is set aside.ratio

Detailed headnote1 paragraphs

Writ Appeal under Clause 15 of the Letters Patent against the order dated 10.07.2025 in W.P(MD)No.18742 of 2025 (cited in the body as W.P(MD)No.18724 of 2025) by which a Sanitary Supervisor's challenge to his transfer from Singampunari Town Panchayat to Pannaipuram Town Panchayat, Theni District was dismissed. At the hearing, the Additional Government Pleader stated that the authorities had come to know of the appellant's medical and physical condition and were ready to revisit the issue, and the official respondents undertook to pass an appropriate order as expeditiously as possible. The Division Bench (judgment by G.R. Swaminathan, J., K. Rajasekar, J. concurring on the Bench) permitted the appellant to submit a fresh representation by 22.07.2025 without joining in the transferred place, directed that the non-joining period be adjusted to the leave standing in his credit, and expressed the hope that the authorities would favourably and sympathetically consider the representation and retain the writ petitioner in the very same district. The order of the learned single Judge was set aside; the Writ Appeal was disposed of accordingly with no order as to costs and the connected miscellaneous petition was closed.

W.A(MD)No.1982 of 2025

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

DATED: 21.07.2025

CORAM

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN and THE HONOURABLE MR.JUSTICE K.RAJASEKAR

W.A(MD)No.1982 of 2025 and

C.M.P(MD)No.11320 of 2025

P.Thangaraj

... Appellant /

Petitioner

Vs.

1.The Commissioner of Town Panchayat,

(Additional Charge), Commissionerate of Town Panchayats, 7^th and 8^th Floors,

Urban Administrative Campus,

Chennai – 28.

2.The District Collector, Sivagangai District, Sivagangai.

3.The Executive Officer, Singampunari Selection Grade Town Panchayat, Singampunari, Sivagangai District.

4.A.Thennarasu

... Respondents / Respondents

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W.A(MD)No.1982 of 2025

Prayer: Writ Appeal filed under Clause 15 of the Letters Patent to allow the Writ Appeal and set aside the order dated 10.07.2025 passed by the learned Judge in W.P(MD)No.18742 of 2025 on the file of this Court.

For Appellant : Mr.B.Prahalad Ravi

For Respondents : Mr.A.Kannan Additional Government Pleader for R.1 to R.3

JUDGMENT

(By G.R.SWAMINATHAN, J.)

Heard both sides.

2.The appellant is working as Sanitary Supervisor. He was transferred

from Singampunari Town Panchayat to Pannaipuram Town Panchayat, Theni District. Aggrieved by the same, he filed W.P(MD)No.18724 of 2025. The learned single Judge vide order dated 10.07.2025 dismissed the writ petition. Aggrieved by the same, this Writ Appeal has been filed.

3.When the matter was taken up for hearing, the learned Additional Government Pleader submitted that the authorities have come to know about

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W.A(MD)No.1982 of 2025

the medical and physical condition of the appellant and that they are ready to revisit the issue. The appellant is permitted to submit a fresh representation by tomorrow (22.07.2025) itself. We are hopeful that the authorities will favourably and sympathetically consider the same and retain the writ petitioner in the very same district. The official respondents further undertake that an appropriate order will be passed as expeditiously as possible. The appellant shall submit a fresh representation without joining in the transferred place. The non-joining period shall be adjusted to the leave standing in the credit of the appellant. The order of the learned single Judge is set aside.

4.This Writ Appeal is disposed of accordingly. There shall be no order as

to costs. Consequently, connected miscellaneous petition is closed.

[G.R.S., J.] [K.R.S., J.] 21.07.2025 NCC : Yes / No Internet : Yes / No Index : Yes / No MGA

Note: Issue order copy on 22.07.2025.

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W.A(MD)No.1982 of 2025

To

1.The Commissioner of Town Panchayat, (Additional Charge), Commissionerate of Town Panchayats, 7^th and 8^th Floors, Urban Administrative Campus, Chennai – 28.

2.The District Collector, Sivagangai District, Sivagangai.

3.The Executive Officer, Singampunari Selection Grade Town Panchayat, Singampunari, Sivagangai District.

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G.R.SWAMINATHAN, J

and K.RAJASEKAR, J.

MGA

W.A(MD)No.1982 of 2025

21.07.2025

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