Madras High Court
7 J.Sekar vs 5 The District Collector on 23 February, 2021
W.A.No.612 of 2021 and
W.P.No.11848 of 2020
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 23.02.2021
CORAM :
THE HON'BLE MR.SANJIB BANERJEE, CHIEF JUSTICE
AND
THE HON'BLE MR.JUSTICE SENTHILKUMAR RAMAMOORTHY
W.A.No.612 of 2021
and W.P.No.11848 of 2020
W.A.No.612 of 2021:
1 A.SIVARAMAN
2 T.MOHANA VARMAN
3 R.V.VENKATESAN
4 P.ANNAMALAI
5 K.PRABAKARAN
6 A.S.MOHAMED SAIFUDDIN
7 J.SEKAR ... Appellants
Vs
1 K.CHITRA
2 THE DIRECTOR
RURAL DEVELOPMENT AND PANCHAYATRAJ DEPARTMENT
PANAGAL MALIGAI
SAIDAPET
CHENNAI - 15.
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W.A.No.612 of 2021 and
W.P.No.11848 of 2020
3 THE DISTRICT COLLECTOR
VELLORE DISTRICT.
4 THE DISTRICT COLLECTOR
TIRUPPATTUR DISTRICT
TIRUPPATTUR.
5 THE DISTRICT COLLECTOR
RANIPET DISTRICT
RANIPET. ... Respondents
Prayer: Appeal under Clause 15 of the Letters Patent against the
judgment dated 22.07.2020 made in W.P.No.9454 of 2020.
W.P.No.11848 of 2020:
1 A.SIVARAMAN
2 T.MOHANA VARMAN
3 R.V.VENKATESAN ... Petitioners
Vs
1 THE DIRECTOR
RURAL DEVELOPMENT AND PANCHAYATRAJ DEPARTMENT
PANAGAL MALIGAI
SAIDAPET
CHENNAI - 15.
2 THE DISTRICT COLLECTOR
RANIPET DISTRICT
RANIPET.
3 THE DISTRICT COLLECTOR
TIRUPPATTUR DISTRICT
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W.A.No.612 of 2021 and
W.P.No.11848 of 2020
TIRUPPATTUR.
4 K.CHITRA
5. S.BHASKARAN
6. SENTHAMARAI ... Respondents
PRAYER: Petition under Article 226 of the Constitution of India
seeking issuance of a writ of Certiorari to call for the records relating
to the orders passed by the second respondent in
Na.Ka.Pa1/4731/2020, dated 17.8.2020 and the consequential orders
of the third respondent in Na.Ka.Pa1/306/2020, dated 18.8.2020 and
quash the same insofar as it relates to the transfer and postings of
respondents 4 to 6 to Ranipet District.
For Appellants : Mr.S.Kamadevan
and Petitioners
For Respondents : Mr.V.Jayaprakash Narayanan
State Government Pleader
for respondents 2 to 5
in W.A.No.612 of 2021
and respondents 1 to 3
in W.P.No.11848 of 2020
JUDGMENT
(Delivered by the Hon'ble Chief Justice)
Writ Appeal No.612 of 2021 is utterly misconceived.
2. The appellants, who were not a party to a batch of writ
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https://www.mhc.tn.gov.in/judis/
W.A.No.612 of 2021 and
W.P.No.11848 of 2020
petitions led by W.P.No.9454 of 2020, have obtained leave to prefer
this appeal against the common order dated July 22, 2020 passed in
such batch of petitions. The leave to appeal was granted on the
appellants' representation that as a consequence of the order
impugned, the appellants' promotional possibilities have been
adversely affected or the appellants have been prejudiced thereby.
3. The operative part of the impugned order passed in the
common judgment and order of of July 22, 2020 in the batch of writ
petitions reads as follows:
“8. The respondents/Competent Authorities are
directed to consider the request of these petitioners
for accommodating them, as per their preference
either in Vellore or in Ranipet, as the case may be, in
the available vacancies and suitable orders may be
passed in that regard within a period of two weeks
from the date of receipt of copy of this order. This
order is passed in view of the disclosed fact that the
vacancies are available in the respective Districts, as
mentioned above and on that consideration this
direction is issued.”
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https://www.mhc.tn.gov.in/judis/
W.A.No.612 of 2021 and
W.P.No.11848 of 2020
4. It will be apparent from a reading of such order that all that
the Single Bench directed the employer to do was to consider the
request of the writ petitioners in the batch of writ petitions for
accommodating them and pass suitable orders within a period of
two weeks from the date of receipt of a copy of that order. There
was no firm direction requiring any of the writ petitioners in the
batch of writ petitions to be given any promotion or any posting at
any particular place or place of choice. It was a simple order for the
representation of the relevant writ petitioners to be considered by
the employer and for the employer to pass a consequential order
within a time set therefor.
5. It appears that orders have been passed pursuant to the
consideration of the request of the writ petitioners at whose behest
the order impugned was passed. If the present appellants are
aggrieved by the consequential order passed, the appropriate
remedy of the present appellants may not be to assail the order of
the Writ Court, but to challenge the order that may have been
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W.A.No.612 of 2021 and
W.P.No.11848 of 2020
passed by the employer.
6. The present appellants have not only preferred this appeal
but have also filed an independent writ petition directly before the
Division Bench challenging the order passed upon considering the
representations of the writ petitioners, who had filed the batch of
writ petitions. If the appellants are aggrieved by such decision, the
writ petition ought to have been carried before the appropriate
Single Bench as per the determination and not brought before this
Bench merely because the appeal from the same order was pending
here.
7. W.A.No.612 of 2021 is dismissed as being without any
merit. W.P.No.11848 of 2020 is directed to go out of this list for
want of determination. The matter may be placed before a Bench
having determination. The appellants are spared the costs despite
the appellants having needlessly wasted the Court time.
Consequently, C.M.P.No.2711 of 2021 is closed.
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https://www.mhc.tn.gov.in/judis/
W.A.No.612 of 2021 and
W.P.No.11848 of 2020
W.P.No.11848 of 2020 will appear before the Single Bench
taking service matters.
(S.B., CJ.) (S.K.R., J.)
23.02.2021
Index : Yes
sasi
To:
1 THE DIRECTOR
RURAL DEVELOPMENT AND PANCHAYATRAJ DEPARTMENT
PANAGAL MALIGAI
SAIDAPET
CHENNAI - 15.
2 THE DISTRICT COLLECTOR
VELLORE DISTRICT.
3 THE DISTRICT COLLECTOR
TIRUPPATTUR DISTRICT
TIRUPPATTUR.
4 THE DISTRICT COLLECTOR
RANIPET DISTRICT
RANIPET.
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https://www.mhc.tn.gov.in/judis/
W.A.No.612 of 2021 and
W.P.No.11848 of 2020
THE HON'BLE CHIEF JUSTICE
AND
SENTHILKUMAR RAMAMOORTHY, J.
(sasi)
W.A.No.612 of 2021
and W.P.No.11848 of 2020
23.02.2021
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https://www.mhc.tn.gov.in/judis/
