1 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 28.09.2011 CORAM: THE HONOURABLE MR.JUSTICE S.MANIKUMAR W.P.(MD).No.11198 of 2011 K.Rajamani ... Petitioner -Vs- 1.The Principal Chief Conservator of Forest, Panagal Buildings, Chennai - 15 2.The Conservator of Forests, Dindigul Circle, Dindigul 3.Thiru.M.Sethuraman, Forest Ranger, Ayyaloor Range, Dindigul District ... Respondents PRAYER: Petition filed under Article 226 of the Constitution of India, praying for the issuance of Writ of Mandamus directing the first respondent to dispose of the appeal dated 24.09.2011 submitted by the petitioner against the orders in Pa.Aa.No. Pa1/74/2011 and Pa.Aa.No. Pa1/75/2011 of the second respondent, dated 20.09.2011 and to issue further directions to the second respondent to keep in abeyance the above orders of transfer till the disposal of the said appeal by the first respondent. For Petitioner : Mr. M.Ravi For Respondents: Mr.T.S.Mohamed Mohideen, Additional Government Pleader O R D E R Being aggrieved by the order of the transfer, dated 20.09.2011, the petitioner seemed to have presented a Petition, dated 24.09.2011 styled as an Appeal. 2. 24.09.2011 falls on Saturday. Firstly, the said memorandum / appeal would not have even reached the table of the Principal Chief Conservator of Forest, Chennai. Even assumes that the petition has reached the office of the said authority, on 27.09.2011, just two days, after sending the representation, the petitioner has approached this Court, seeking for a Mandamus, directing the Principal Chief Conservator of Forest, Chennai, to pass orders. 3. This Court, cannot be treated as a post office to simply direct the higher authorities to pass orders on any petition submitted by way of an appeal / representation, without even giving adequate time to the said authority to consider the same. Only in the case of failure to discharge a duty, statutory or legal, Mandamus can be sought for. Transfer is an incident of service and it does not affect the conditions of service. The instructions issued in the matter of transfer do not have the fore of law and therefore, no command can be issued to the respondents to consider any https://hcservices.ecourts.gov.in/hcservices/ 2 representation regarding transfer. 4. Further on instructions from the second respondent, Mr.T.S.Mohammed Mohideen, learned Additional Government Pleader, submitted that pursuant to the order, dated 20.09.2011, the third respondent has already assumed the office, as Ranger. 5. The petitioner has rushed to this Court, seeking disposal of the representation, within two days. There is no bona fide in the action of the petitioner, warranting any directions from this Court. Hence, this Writ Petition is dismissed. SD ASST REGISTRAR ( Crl Side ) /TRUE COPY/ SUB ASST REGISTRAR vsg To 1. The Principal Chief Conservator of Forest Panagal Buildings Chennai - 15 2. The Conservator of Forests Dindigul Circle Dindigul 3. Thiru.M.Sethuraman Forest Ranger Ayyaloor Range Dindigul District 1CC TO THE SPL. GOVT PLEADER SR: 34002: DM::2011:OCTOBER:::18:: W.P.(MD).No.11198 of 2011 28.09.2011 2P:5C:: https://hcservices.ecourts.gov.in/hcservices/