Madras High Court
P.Mariyappan vs The Director Of Horticulture And ... on 20 November, 2025
Author: R. Suresh Kumar
Bench: R.Suresh Kumar
W.A No. 3326 of 2025
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 20.11.2025
CORAM
THE HON'BLE MR JUSTICE R.SURESH KUMAR
AND
THE HON'BLE MR JUSTICE HEMANT CHANDANGOUDAR
W.A No.3326 of 2025
and
C.M.P.No.27229 of 2025
P.Mariyappan
Assistant Horticulture Officer
O/o. The Assistant Director of Horticulture Office
Kanai Block
Villupuram District. ..Appellant
Vs
1. The Director of Horticulture and Plantation Crops
O/o. The Director of Horticulture and Plantation Crops
Department
Chepauk, Chennai-600 005.
2. The Joint Director of Horticulture
O/o. The Joint Director of Horticulture
Villupuram, Villupuram District.
3. Mr.Velmurugan
Assistant Horticulture Officer
Valliyoor Block
Tirunelveli District. ..Respondents
Page Nos.1/5
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W.A No. 3326 of 2025
Writ Appeal is filed under Clause 15 of Letter Patent to set aside the
order 22.08.2025 made in W.P.No.25023 of 2025 on the file of this Court and
allow the writ appeal.
For Appellant : Mr. H. Mohammed Imran
of M/s.Ajmal Associates (Law Firm)
For Respondents : Mr. E. Veda Bagath Singh
Special Government Pleader
for R1 & R2
JUDGMENT
(Made by HEMANT CHANDANGOUDAR, J.)
The challenge in this intra-Court Appeal is to the order dated 22.08.2025
passed by the learned single Judge in W.P.No.25023 of 2025. By the said
order, the learned single Judge rejected the prayer sought by the appellant / writ
petitioner to set aside the order dated 01.07.2025 passed by the first respondent,
transferring the appellant from the post of Assistant Horticulture Officer,
Kannai Block, Villupuram District to Valliyoor Block, Tirunelveli District.
2. Aggrieved by the order of transfer, the appellant approached this Court
in the aforesaid writ petition. The learned single Judge, taking note of the fact
that the appellant had been working at the present station i.e., Kannai Circle,
Villupuram District, from 13.07.2022 till the date of the impugned order,
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dismissed the writ petition.
3. After hearing the learned counsel for the appellant and the learned
Special Government Pleader for the official respondents and upon perusing the
impugned order as well as the order of transfer, we find that in the transfer
order dated 01.07.2025 it has been specifically stated that out of eight
transferees, no transfer allowance would be granted to five, since their transfers
were issued on their own request.
4. One such transferee is Mr. M. Velmurugan, who was originally
working at Valliyoor Circle, Tirunelveli District. He was transferred and
posted to the station where the appellant was working, and the appellant was
transferred to Valliyoor Circle, Tirunelveli District. It is therefore evident that
the appellant's transfer was effected only to accommodate the said
Mr. M. Velmurugan.
5. In view of the above, it cannot be stated that the transfer was a regular
or routine administrative transfer based on any exigency or administrative
necessity. Though the transfer order was challenged unsuccessfully, the factual
position remains that, pursuant to the order dated 01.07.2025, a relieving order
has also been issued and, admittedly, the appellant has been relieved. At this
stage, therefore, we do not find it appropriate to interfere with either the
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transfer order or the consequential relieving order.
6. However, since the original transfer order dated 01.07.2025, insofar as
it relates to the the appellant, was not made on any administrative exigency, if
the appellant makes a fresh representation in future, the respondents / employer
shall consider the same objectively and explore the possibility of
accommodating him either in Villupuram District or any nearby District,
depending upon vacancy availability.
7. With the above observations, this Writ Appeal stands disposed of.
Consequently, the connected miscellaneous petition is closed. There shall be
no order as to costs.
(R.S.K.,J) (H.C., J)
20.11.2025
Index : Yes / No
Internet : Yes/No
Neutral Citation : Yes / No
mk
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R. SURESH KUMAR, J.
and
HEMANT CHANDANGOUDAR, J.,
mk
20.11.2025
(2/2)
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