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M.Sundararaj, Vs the Chairman — Writ and Judicial Review | Madras HC (2025)

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M.Sundararaj, Vs the ChairmanM.Sundararaj, v. the Chairman

Dismissed¶46

M.Sundararaj, v. the Chairman

Madras HC25 Mar 2025WP/23468/2009

Case brief

AI extract

What is this about?

Madras High Court common order dated 25.03.2025 dismissing W.P.Nos.23468 & 23469 of 2009 (filed 2009) as infructuous; petitioners M.Sundararaj and T.Siriyapushpam Chinnarani had challenged under Article 226 a Tamil Nadu Electricity Board transfer order dated 07.11.2009 (Memo No.106643/Ni.Ki/G13/G132/2009-1) and a consequential relieving order dated 09.11.2009 (Memo No.AEE/D/N/Ngl/FDOC/D.No.284/09); court held that with over 14 years elapsed the petitioners would have attained superannuation, so nothing survived for adjudication; dismissed with no costs, connected miscellaneous petitions closed; no findings on legality of the transfer or relieving orders; respondents 1 to 9 included TNEB Chairman, Chief Engineers, Superintending Engineers, Assistant Executive Engineer and Assistant Engineers; counsel M.Hemanth Kumar for G.Anandakumar for petitioners; no appearance for respondents.

What did the court decide?

Since more than 14 years had lapsed from the filing of the writ petitions and the petitioners, who were aged about 45 and 46 years at the time of filing, would have attained the age of superannuation, nothing survives in the writ petitions for further adjudication; hence both writ petitions are dismissed with no costs and connected miscellaneous petitions are closed. ¶46

What the court decided

AI extract

Outcome

Dismissed

Issue for consideration

Whether the Transfer Order dated 07.11.2009 in Memo No.106643/Ni.Ki/G13/G132/2009-1 passed by the 2nd Respondent was illegal and without jurisdiction and liable to be quashed (raised in both writ petitions). +1 more

Ratio / Principle

Since more than 14 years had lapsed from the filing of the writ petitions and the petitioners, who were aged about 45 and 46 years at the time of filing, would have attained the age of superannuation, nothing survives in the writ petitions for further adjudication; hence both writ petitions are dismissed with no costs and connected miscellaneous petitions are closed.

Detailed headnote1 paragraphs

Madras High Court (C. Saravanan, J.), W.P.Nos.23468 & 23469 of 2009, decided 25.03.2025 — Dismissed as infructuous. Two writ petitions filed in 2009 under Article 226 of the Constitution of India by M.Sundararaj and T.Siriyapushpam Chinnarani sought certiorari to quash the Transfer Order dated 07.11.2009 in Memo No.106643/Ni.Ki/G13/G132/2009-1 passed by the 2nd Respondent (Chief Engineer (Personnel), Tamil Nadu Electricity Board), and, in W.P.No.23469 of 2009, additionally the consequential Relieving Order dated 09.11.2009 in Memo No.AEE/D/N/Ngl/FDOC/D.No.284/09 issued by the 6th Respondent. The court noted that the petitioners were aged about 45 and 46 years at the time of filing and, with more than 14 years having lapsed, would have attained the age of superannuation; therefore nothing survived for further adjudication. Both writ petitions were dismissed with no costs and connected miscellaneous petitions were closed. The merits of the impugned transfer and relieving orders were not adjudicated.

A

W.P.Nos.23468 & 23469 of 2009

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Dated : 25.03.2025

Coram:

THE HONOURABLE MR.JUSTICE C.SARAVANAN

W.P.Nos.23468 & 23469 of 2009 and M.P.No.1 of 2009 in W.P.No.23468 of 2009 and M.P.No.1 of 2009 in W.P.No.23469 of 2009

M.Sundararaj

...Petitioner in W.P.No.23468 of 2009

T.Siriyapushpam Chinnarani

...Petitioner in W.P.No.23469 of 2009

Versus

1.The Chairman, Tamil Nadu Electricity Board, No.144, Anna Salai, Chennai – 600 002.

2.The Chief Engineer (Personnel), Tamil Nadu Electricity Board, No.144, Anna Salai, Chennai – 600 002.

3.The Chief Engineer (Distribution), Tamil Nadu Electricity Board, Tirunelveli Region, Tirunelveli.

4.The Superintending Engineer, Kanyakumari Electricity Distribution Circle, Tamil Nadu Electricity Board, Nagercoil, Kanyakumari District.

1/6

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W.P.Nos.23468 & 23469 of 2009

5.A.Bagavathiappan Pillai,

Superintending Engineer, O/o. The Superintending Engineer, Kanyakumari Electricity Distribution Circle, Tamil Nadu Electricity Board, Nagercoil, Kanyakumari District.

6.The Assistant Executive Engineer, Distribution North, Kanyakumari Electricity Distribution Circle, Tamil Nadu Electricity Board, Nagercoil, Kanyakumari District.

...Respondents 1 to 6 in both W.Ps

7.T.Bindhu,

Assistant Engineer, Kannamamudu Section, Kanyakumari Electricity Distribution Circle, Tamil Nadu Electricity Board, Nagercoil, Kanyakumari District.

...7^th Respondent in W.P.No.23468 of 2009

8.K.Krishnammal, Assistant Engineer, Puthukadai Section, Kanyakumari Electricity Distribution Circle, Tamil Nadu Electricity Board, Nagercoil, Kanyakumari District.

...7^th Respondent in W.P.No.23469 of 2009

9.The Superintending Engineer, Namakkal Electricity Distribution Circle, Tamil Nadu Electricity Board, Namakkal.

...8^th Respondent in both W.Ps

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W.P.Nos.23468 & 23469 of 2009

Prayer in W.P.No.23468 of 2009:

Writ Petition filed under Article 226 of the Constitution of India praying for issuance of a writ of certiorari calling for the records relating to the impugned transfer order dated 07.11.2009 made in Memo No.106643/Ni.Ki/G13/G132/2009-1 passed by the 2^nd respondent and to quash as illegal and without jurisdiction.

Prayer in W.P.No.23468 of 2009:

Writ Petition filed under Article 226 of the Constitution of India praying for issuance of a writ of certiorari calling for the records relating to the impugned transfer order dated 07.11.2009 made in Memo No.106643/Ni.Ki/G13/G132/2009-1 passed by the 2^nd respondent and the consequential relieving order made in Memo No.AEE/D/N/Ngl/FDOC/D.No.284/09 dated 09.11.2009 issued by the 6^th respondent and to quash as illegal and without jurisdiction.

For Petitioner in both W.Ps : Mr.M.Hemanth Kumar, for Mr.G.Anandakumar For Respondents in both W.Ps : No Appearance

COMMON ORDER

The relief sought in W.P.No.23468 of 2009 is to quash the Transfer Order dated 07.11.2009 in Memo No.106643/Ni.Ki/G13/G132/2009-1 passed by the 2^nd Respondent.

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W.P.Nos.23468 & 23469 of 2009

The relief sought in W.P.No.23469 of 2009 is to quash the

Transfer Order dated 07.11.2009 in Memo No.

106643/Ni.Ki/G13/G132/2009-1 passed by the 2^nd Respondent and Relieving Order dated 09.11.2009 in Memo No.AEE/D/N/Ngl/FDOC/D.No. 284/09 issued by the 6^th Respondent.

As far as these cases are concerned, the Petitioners were aged about 45 years & 46 years at the time of filing of these Writ Petitions. They would have attained the age of superannuation, since more than 14 years have lapsed from filing of these Writ Petitions. Thus, nothing survives in these Writ Petitions for further adjudication. Hence, these Writ Petitions are dismissed. No costs. Consequently, connected Miscellaneous Petitions are closed.

25.03.2025

mrr

Index : Yes/No

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W.P.Nos.23468 & 23469 of 2009

To

1.The Chairman, Tamil Nadu Electricity Board, No.144, Anna Salai, Chennai – 600 002.

2.The Chief Engineer (Personnel), Tamil Nadu Electricity Board, No.144, Anna Salai, Chennai – 600 002.

3.The Chief Engineer (Distribution), Tamil Nadu Electricity Board, Tirunelveli Region, Tirunelveli.

4.The Superintending Engineer, Kanyakumari Electricity Distribution Circle, Tamil Nadu Electricity Board, Nagercoil, Kanyakumari District.

5.The Assistant Executive Engineer, Distribution North, Kanyakumari Electricity Distribution Circle, Tamil Nadu Electricity Board, Nagercoil, Kanyakumari District.

6.The Superintending Engineer, Namakkal Electricity Distribution Circle, Tamil Nadu Electricity Board, Namakkal.

5/6

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W.P.Nos.23468 & 23469 of 2009

C.SARAVANAN, J.

mrr

W.P.Nos.23468 & 23469 of 2009

25.03.2025

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Issues for consideration

2 issues framed by the court

AI extract

1.
Whether the Transfer Order dated 07.11.2009 in Memo No.106643/Ni.Ki/G13/G132/2009-1 passed by the 2nd Respondent was illegal and without jurisdiction and liable to be quashed (raised in both writ petitions).¶39
2.
Whether the consequential Relieving Order dated 09.11.2009 in Memo No.AEE/D/N/Ngl/FDOC/D.No.284/09 issued by the 6th Respondent was illegal and without jurisdiction and liable to be quashed (raised in W.P.No.23469 of 2009).¶45

Statutes considered

1 provisions across 1 enactments

AI extract

Constitution of IndiaArticle 226¶34

Procedural history

How this case reached the court

AI extract

Order under challenge
Transfer Order dated 07.11.2009 in Memo No.106643/Ni.Ki/G13/G132/2009-1 passed by the 2nd Respondent (Chief Engineer (Personnel), Tamil Nadu Electricity Board), challenged in both writ petitions; in W.P.No.23469 of 2009 the consequential Relieving Order dated 09.11.2009 in Memo No.AEE/D/N/Ngl/FDOC/D.No.284/09 issued by the 6th Respondent was also challenged.¶39
2nd Respondent, Tamil Nadu Electricity Board (administrative order) · 07.11.2009
Prior proceeding
Both writ petitions were filed under Article 226 of the Constitution of India praying for issuance of a writ of certiorari to quash the impugned orders as illegal and without jurisdiction.¶34
Prior proceeding
In W.P.No.23469 of 2009, the challenge extended to the consequential relieving order dated 09.11.2009 issued by the 6th Respondent.¶36

Parties & counsel

AI extract

petitioner
M.Sundararaj¶7
M.Hemanth Kumar, G.Anandakumar
petitioner
T.Siriyapushpam Chinnarani¶9
M.Hemanth Kumar, G.Anandakumar
respondent
The Chairman, Tamil Nadu Electricity Board¶12
respondent
The Chief Engineer (Personnel), Tamil Nadu Electricity Board¶13
respondent
The Chief Engineer (Distribution), Tamil Nadu Electricity Board, Tirunelveli Region, Tirunelveli¶14
respondent
The Superintending Engineer, Kanyakumari Electricity Distribution Circle, Tamil Nadu Electricity Board, Nagercoil, Kanyakumari District¶15
respondent
A.Bagavathiappan Pillai, Superintending Engineer, O/o. The Superintending Engineer, Kanyakumari Electricity Distribution Circle, Tamil Nadu Electricity Board, Nagercoil, Kanyakumari District¶19
respondent
The Assistant Executive Engineer, Distribution North, Kanyakumari Electricity Distribution Circle, Tamil Nadu Electricity Board, Nagercoil, Kanyakumari District¶21
respondent
T.Bindhu, Assistant Engineer, Kannamamudu Section, Kanyakumari Electricity Distribution Circle, Tamil Nadu Electricity Board, Nagercoil, Kanyakumari District¶23
respondent
K.Krishnammal, Assistant Engineer, Puthukadai Section, Kanyakumari Electricity Distribution Circle, Tamil Nadu Electricity Board, Nagercoil, Kanyakumari District¶26
respondent
The Superintending Engineer, Namakkal Electricity Distribution Circle, Tamil Nadu Electricity Board, Namakkal¶28

Coram

AI extract

C.SARAVANANauthor¶5

Case details

As recorded by the court registry

Court: Madras HC
Decided on: 25 Mar 2025 · March
Registered: 13 Nov 2009
Case no.: WP/23468/2009
CNR: HCMA010166082009
Topic: Writ and Judicial Review
Bench: C. Saravanan
Disposal: DISMISSED
Case type: W.P.

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Cite this judgement

M.Sundararaj, v. the Chairman, WP/23468/2009 (MAD), decided on 25 March 2025.

The Madras High Court publishes no neutral citation for this judgement — cite it by case number and date of decision.

Statutes1

Constitution of IndiaArticle 226

View all statutes

Procedural history3

Transfer Order dated 07.11.2009 in Memo No.106643/Ni.Ki/G13/G132/2009-1 passed by the 2nd Respondent (Chief Engineer (Personnel), Tamil Nadu Electricity Board), challenged in both writ petitions; in W.P.No.23469 of 2009 the consequential Relieving Order dated 09.11.2009 in Memo No.AEE/D/N/Ngl/FDOC/D.No.284/09 issued by the 6th Respondent was also challenged.2nd Respondent, Tamil Nadu Electricity Board (administrative order) · 07.11.2009
Both writ petitions were filed under Article 226 of the Constitution of India praying for issuance of a writ of certiorari to quash the impugned orders as illegal and without jurisdiction.
In W.P.No.23469 of 2009, the challenge extended to the consequential relieving order dated 09.11.2009 issued by the 6th Respondent.

View full history

Bench / Coram

C.SARAVANAN

Parties & counsel