LAWS(MAD)-2004-9-7

R C ELANGOVAN Vs. GOVERNMENT OF TAMIL NADU

Decided On September 14, 2004
R.C.ELANGOVAN Appellant
V/S
GOVERNMENT OF TAMIL NADU REPRESENTED BY ITS SECRETARY REVENUE DEPARTMENT Respondents

JUDGEMENT

(1.) THE petitioners have filed the above writ petitions praying to issue writ of certiorari to call for the records of the first respondent which culminated in issuing G.O.(Ms.)No.403 Revenue 7(1) Department dated 25.8.2004 and to quash the same.

(2.) IT is stated that the Government has passed G.O.Ms. No.864 dated 10.8.1992 wherein it is mentioned that transfer of the Village Administrative Officer shall be effected only during the month of May. This was relaxed by the impugned G.O. only for the year 2004. Learned counsel submitted that the Government has acted arbitrarily and hence, it is invalid. The question of non-transferability arises only because the Government have stated in the earlier G.O. that transfer shall be effected only in the month of May. This right has been created by the Government and any right created by the Government can be modified by issuing another G.O. Therefore, it cannot be said that the Government have acted arbitrarily.