Madras High Court
The Joint Registrar Of ... vs Selvi V.Brundhadevi on 15 July, 2021
W.A.(MD)No.1396 of 2021
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 15.07.2021
CORAM
THE HONOURABLE MR.JUSTICE T.S.SIVAGNANAM
AND
THE HONOURABLE MRS.JUSTICE S.ANANTHI
W.A.(MD)No.1396 of 2021
and
C.M.P(MD) No.5797 of 2021
1. The Joint Registrar of Co-operative Societies,
Karur, Karur District.
2. The Regional Deputy Registrar (Housing),
No.16/1, Samath School Street,
Kaja Nagar, Tiruchirappalli-620 020. ... Appellants/Respondents
Vs.
Selvi V.Brundhadevi
... Respondent/Petitioner
Prayer: Writ Appeal filed under Clause 15 of Letters Patent, against the order of
this Court made in W.P.(MD) No.10773 of 2021, dated 29.06.2021.
For Appellants : Mr.Veera Kathiravan,
Senior Standing Counsel
for Government
for Mr.A.K.Manickam,
Standing Counsel for Government
For Respondent : Mr.P.Mahendran
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W.A.(MD)No.1396 of 2021
JUDGMENT
[Judgment of the Court was delivered by T.S.SIVAGNANAM,J.]
We have heard Mr.Veera Kathiravan, learned Senior Government
Counsel, assisted by Mr.A.K.Manickam, learned Government Counsel,
appearing for the appellants and Mr.P.Mahendran, learned counsel appearing for
the respondent-writ petitioner.
2. This appeal is directed against the order of stay granted by the
learned Single Bench staying the order of transfer passed against the
respondent.
3. It is the submission of the learned Senior Government Counsel
appearing for the appellants that the order of transfer has been passed by the
Joint Registrar of Co-operative Societies and it is a routine transfer and there is
no mala fides for passing such an order.
4. From the facts which have been placed before this Court, we find
that the respondent was working as Co-operative Sub Registrar and she has
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W.A.(MD)No.1396 of 2021
taken disciplinary action against the Secretary of the Society on account of
certain delinquencies and it appears that the said Secretary has also been placed
under suspension. If that is the case, the question would be as to why the
transfer has to be passed, transferring the respondent when she has initiated
disciplinary action.
5. In any event, the learned Writ Court has directed counter-affidavit
to be filed by the appellants before us and also directed the matter to be posted
after four weeks. Therefore, we are of the view that the appellants can file a
counter-affidavit and the grounds raised herein can be canvassed before the
learned Single Bench.
6. There appears to be a dispute as to whether the respondent has been
relieved or not. Since we are directing the appellants to file counter-affidavit in
the writ petition and pray for vacating the interim order, the respondent-writ
petitioner shall be allowed to continue in the same place where she was earlier
working before the order of transfer, till further orders are passed by the learned
Writ Court in the vacate stay petition to be filed by the appellants. If the vacate
stay petition is filed on or before 19.07.2021, the same shall be listed before the
appropriate Honourable Court either on 22.07.2021 or on 23.07.2021.
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W.A.(MD)No.1396 of 2021
7. With the above directions, this Writ Appeal stands disposed of.
No costs. Consequently, connected miscellaneous petition is closed.
Index :Yes/No (T.S.S.,J.) (S.A.I.,J.)
Internet :Yes/No 15.07.2021
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Note: In view of the present lock down owing to
COVID-19 pandemic, a web copy of the order may be
utilized for official purposes, but, ensuring that the copy
of the order that is presented is the correct copy, shall
be the responsibility of the advocate/litigant concerned.
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W.A.(MD)No.1396 of 2021
T.S.SIVAGNANAM, J.
and
S.ANANTHI, J.
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W.A.(MD)No.1396 of 2021
15.07.2021
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