Madras High Court
D.Johnson vs The State Of Tamil Nadu Represented By on 4 February, 2026
Author: B.Pugalendhi
Bench: B.Pugalendhi
W.P(MD)No.2781 of 2026
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 04.02.2026
CORAM:
THE HONOURABLE MR.JUSTICE B.PUGALENDHI
W.P(MD)No.2781 of 2026 and
WMP(MD) No.2339 of 2026
D.Johnson ... Petitioner
Vs
1.The State of Tamil Nadu Represented by
the District Collector,
Thoothukudi District.
2.The Commissioner,
Panchayat Union,
Udangudi,
Thoothukudi District.
3.The Block Development Officer,
Udangudi Panchayat Union,
Udangudi,
Thoothukudi District.
4.The Block Development Officer,
Srivaikundam Panchayat Union,
Srivaikundam,
Thoothukudi District. . ...Respondents
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W.P(MD)No.2781 of 2026
PRAYER: Writ Petition filed under Article 226 of the Constitution
of India, praying this Court to issue a Writ of Certiorarified
Mandamus, to call for the records pertaining to the impugned order
of transfer passed by the above 1st respondent in Se.Mu.Aa.
No.Va6/49/2025-2 dated 10.01.2026 and quash the same as illegal
and consequently directing the above 1st respondent to restore the
petitioner's service before the 3rd respondent office and pass such
further or other orders as this Court.
For Petitioner : Mr.B.N.Raja Mohamed
For R1 & R2 : Mr.C.Venkatesh Kumar
Special Government Pleader
For R3 & R4 : Mr.Amjad Khan
Government Advocate
ORDER
The petitioner, who is working as a Jeep driver attached with the Block Development Officer, Panchayat Union Office, Udangudi/the third respondent herein has filed this writ petition, challenging the order of transfer, dated 10.01.2026 on the ground that he has been transferred by way of punishment.
2. The case of the petitioner is that for having made 2/9 https://www.mhc.tn.gov.in/judis ( Uploaded on: 04/03/2026 01:20:33 pm ) W.P(MD)No.2781 of 2026 certain allegations as against the Commissioner of Panchayat Union, Udangudi, Thoothukudi District/the second respondent herein, the second respondent has issued a show cause notice as against this petitioner on 24.12.2025, under Rule 17(a) of Tamil Nadu Civil Services (Discipline and Appeal) Rules, 1955. The petitioner has submitted his explanation and also submitted a representation before the District Collector, Thoothukudi on 26.12.2025. The District Collector has not acted upon the representation of this petitioner. In the meantime, the petitioner has been transferred from Udangudi Panchayat Union to Srivaikundam Panchayat Union, by the order impugned in this writ petition. According to the petitioner, since the impugned order of transfer is in punitive in nature, it needs to be interfered with.
3. Mr.C.Venkatesh Kumar, learned Special Government Pleader takes notice for the respondents 1 & 2. Mr.Amjad Khan, learned Government Advocate takes notice for the respondents 3 & 4 and submit that the order impugned in this writ petition is not a 3/9 https://www.mhc.tn.gov.in/judis ( Uploaded on: 04/03/2026 01:20:33 pm ) W.P(MD)No.2781 of 2026 transfer order and it is only an order of deputation. They further submit that the petitioner is working as Jeep driver in Udangudi Panchayat Union for the past 26 years and on administrative grounds, he has been deputed to Srivaikundam Panchayat Union, which is 14 kms away from the existing place. The respondents have also admitted that show cause notice has been issued as against this petitioner that he had refused to take the vehicle on a particular day. The petitioner has also went on medical leave from 13.01.2026 to 01.02.2026 and on expiry of the leave, he was expected to report duty on 02.02.2026, however, he has not reported to duty on 02.02.2026 and once again applied for leave on medical ground. Therefore, he was referred to Medical Board. Since this petitioner has not attended the duty, the movement of the second and third respondents are affected. Therefore, the District Collector has passed this order of deputation. Moreover, one Bathalam, who is working as a driver in the Superintendent office, Thoothukudi has also assumed office at Udangudi Panchayat Union on 12.01.2026. 4/9 https://www.mhc.tn.gov.in/judis ( Uploaded on: 04/03/2026 01:20:33 pm ) W.P(MD)No.2781 of 2026 3.1. According to the learned Special Government Pleader and the learned Government Advocate, it is not only this petitioner has been deputed, but also four others have been deputed to various Panchayat Unions, on administrative grounds. The order has been passed by the District Collector, Tuticorin and it is not either by the Commissioner /the second respondent or the Block Development Officer/the third respondent. In fact, the Block Development Officer has communicated the order of deputation passed by the District Collector to the petitioner, for the convenience of the administration and therefore it cannot be construed that an order of deputation has been passed by the Commissioner/the second respondent. They further submits that no malice has been attributed as against the second respondent.
4. This Court considered the rival submissions made and also perused the materials placed on record.
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5. The order impugned in this writ petition is only a deputation order, in and by which, not only this petitioner, but also three others were transferred on deputation to various Panchayat Unions, on administrative grounds, however, the impugned order does not specify the period of deputation. The respondents are supposed to inform about the period of deputation. However, they have not done so. On this ground, this Court feels that the order impugned in this writ petition needs interference, however, considering the fact that the other deputed persons have joined in their respective place of deputation on 12.01.2026, this Court is is not inclined to interfere with the impugned order.
6. This writ petition has been moved only in the month of February 2026. Though this petitioner has made certain allegations as against the Commissioner /the second respondent, the second respondent has not been added as a party in the individual capacity. It is also reported that this petitioner is working at Udangudi Panchayat Union for a period of 26 years and the place of 6/9 https://www.mhc.tn.gov.in/judis ( Uploaded on: 04/03/2026 01:20:33 pm ) W.P(MD)No.2781 of 2026 deputation is within 14 kilometres from the existing place.
7. In view of the above, this writ petition is dismissed. No costs. Consequently, connected Miscellaneous petition is closed.
04.02.2026 NCC: Yes/No Index:Yes/No vrn 7/9 https://www.mhc.tn.gov.in/judis ( Uploaded on: 04/03/2026 01:20:33 pm ) W.P(MD)No.2781 of 2026 To
1.The District Collector, Thoothukudi District.
2.The Commissioner, Panchayat Union, Udangudi, Thoothukudi District.
3.The Block Development Officer, Udangudi Panchayat Union, Udangudi, Thoothukudi District.
4.The Block Development Officer,
Srivaikundam Panchayat Union,
Srivaikundam,
Thoothukudi District. .
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W.P(MD)No.2781 of 2026
B.PUGALENDHI, J.
vrn
Order made in
W.P(MD)No.2781 of 2026 and
WMP(MD) No.2339 of 2026
04.02.2026
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