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2005 DIGILAW 1385 (MAD)

M. Ganapathy v. The Deputy Milk Commissioner & Others

2005-08-19

K.RAVIRAJA PANDIAN

body2005
Judgment :- (Writ Petition filed under Article 226 of the Constitution of India praying for the issue of a Writ of Certiorarified mandamus as stated therein.) The above writ petition is filed for issuance of a writ of certiorarified mandamus to call for the records relating to the order in R.C.No.10183/D2/2005 dated 24.5.2005 passed by the first respondent and quash the same as illegal, improper and thereby direct the first respondent to retain the petitioner in the same place as a Special Officer. 2. It is contended by the learned counsel for the petitioner that by the impugned proceedings in addition to the earlier 37 societies which have been managed by the petitioner, the petitioner has been given additional charge as Special Officer in respect of 31 more shops, which are more than 50 kms away from his region. The action of the respondents is illegal and it is impossibility of performance by a single person. 3. I heard the arguments of the learned counsel for the petitioner and perused the materials on record, particularly the order dated 24.5.2005. 4. It is not as if the petitioner has been appointed as a Special Officer in respect of the 31 new shops in addition to the earlier responsibility. He has been appointed by the impugned order as a Special Officer only in respect of the 31 shops enumerated in the enclosure of the impugned order. Hence the contention of the learned counsel for the petitioner that the petitioner was directed to be in additional charge as Special Officer of fresh 31 societies in addition to the earlier societies, which are 37 in number, cannot be accepted. Hence the prayer sought for in this writ petition is only a misapprehension. In the result, the writ petition is dismissed. Consequently, the connected W.P.M.Ps are closed. No costs.