1 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 09.09.2011 CORAM: THE HON'BLE MR.JUSTICE S.MANIKUMAR W.P.(MD)No.10303 of 2011 and M.P.(MD)Nos.1 and 2 of 2011 R.Meyyappan .. Petitioner Vs. 1.The District Assistant Director, of Survey Land Records, Collectorate, Sivagangai District. 2.T.Sundarapandian, Assistant Director, Director Land Survey Office, Sivagangai. 3.M.Manoharan, Assistant Director, Director Land Survey Office, Madurai. 4.The Tahsildar, Devakottai, Sivagangai District. 5.The Commissioner, Devakottai Municipality, Devakottai, Sivagangai District. 6.Soman, (Town Deputy Surveyor), Devakottai, Sivagangai District. .. Respondents PRAYER: Writ Petition is filed under Article 226 of the Constitution of India, praying for the issuance of a Writ of Certiorarified Mandamus to call for the records pertaining to the orders in Na.Ka.No.A2/3376/11, dated 11.08.2011 passed by the 1st respondent and quash the same and consequently direct the 1st respondent to permit the petitioner to work as Deputy Town Inspector of Survey, Devakottai. For Petitioner : Mr.S.Muthu Kumar For Respondents 1, 4 & 5 : Mr.S.Chandrasekar Government Advocate O R D E R Perusal of the impugned order, shows that it is in furtherance of a writ petition filed before this Court by the 6th respondent in W.P.No.8353 of 2011. 2.Pleadings and material on record shows that the petitioner has been transferred from the post of Deputy Inspector of Survey, Office of the Special Tahsildar, Aadhi Dravidar Welfare, Devakottai to the post of Town Deputy Inspector of Survey, Devakottai. The place of transfer is only https://hcservices.ecourts.gov.in/hcservices/ 2 within the limit of Devakottai, Sivagangai District and the averments do not even remotely indicate that there is a change in the service conditions. The order of transfer is within the same district, but a different post. 3.Pleadings indicate that the writ petitioner wants to squat in a particular post within Sivagangai District. When the order of transfer dated 19.07.2011 issued to the 6th respondent was challenged in W.P.No.8353 of 2011, this court, considering the fact that there was only four months remaining service for retirement of the petitioner, a differently able person, has granted interim stay. Even as per the averments made in the supporting affidavit of the present writ petition, the 6th respondent, is due for retirement on 30.11.2011 i.e less than three months. In such circumstances, reiterating the above said position, this Court is of the view that it is not necessary to disturb the continuance of the 6th respondent. 4.Heard the parties on record and perused the materials. 5.Transfer is only an incident of service, and on going through the pleadings and materials on record, this Court finds that there is no manifest illegality. The order has been passed, taking into consideration, the grant of stay dated 26.07.2011 in M.P.No.1 of 2011 in W.P.(md).No.8353 of 2011. 6.An order of transfer cannot be interfered by this Court, except on three grounds, viz., (i) if it is tainted with mala fide; (ii)if it is in violation of any statutory rules; (iii)if the authority, who has passed the order of transfer, has no jurisdiction to do so. 7.The writ petitioner has not made out a case for interference on the above said grounds. Hence, I find no merit in the Writ Petition and the same stands dismissed accordingly. Consequently, the connected miscellaneous petitions are also dismissed. No costs. SD/- Assistant Registrar (co) /True copy/ Sub Assistant Registrar(C.S) To 1.The District Assistant Director of Survey Land Records, Collectorate, Sivagangai District. 2.The Tahsildar, Devakottai, Sivagangai District. 3.The Commissioner, Devakottai Municipality, Devakottai, Sivagangai District. +1. CC to the Special Government Pleader , SR.No. 30912 vs W.P.(MD)No.10303 of 2011 and MP(MD)Nos.1 & 2 of 2011 Dated:- 09.09.2011 TR : 26.09.2011: 2p/5c https://hcservices.ecourts.gov.in/hcservices/