Madras High Court
WA/2520/2026 of The Joint Registrar of Co Operative Societes Vs N. Rajasellam on 21 August 2026
WA No. 2520 of 2026
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 21-08-2026
CORAM
THE HON'BLE MR JUSTICE S. M. SUBRAMANIAM
AND
THE HON'BLE MR.JUSTICE KRISHNASWAMY GOVINDARAJAN
WA No. 2520 of 2026
& CMP No.22217 of 2026
1. The Joint Registrar of Co Operative Societes, Ariyalur Zone, Ariyalur
2. The Deputy Registrar of Co operative
Societies District Collectorate, Ariyalur
3. The Special Officer R1218 Thirumanur Primary Agricultural cooperative Credit Society, Thirumanur post, Ariyalur Taluk Ariyalur
..Appellant(s)
Vs
N. Rajasellam
..Respondent(s)
Writ Appeal filed under Clause 15 of the Letters Patent act, to set aside the order dated 12.01.2026 made in W.P.No.885 of 2026.
For Appellant(s):
Ms.R.K.Sekina Reshma,
Additional Government Pleader
For Respondent(s):
Mr.P.Velliappan, Senior Counsel
for Mr.K.M.Haresh for M/s.PV Law Associates
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JUDGMENT
(Judgment of the Court was made by S.M.Subramaniam J.) With the consent of both the parties, the matter is taken up for final hearing.
WA No. 2520 of 2026
2. The writ order dated 12.01.2026 passed in W.P.No.885 of 2026 is under challenge in the present writ appeal.
3. The respondent filed a representation challenging an administrative transfer order passed by the Joint Registrar of the Co-operative Societies vide proceedings dated 11.12.2025, transferring the respondent from Thirumanur to Puthupalayam.
4. The respondent was holding the post of ‘Secretary’, which is notified as a Common Cadre Service under Section 75 of the Tamil Nadu Co-operative Societies Act. Therefore, the Joint Registrar of the Co-operative Societies is the competent authority to effect transfers. The distance between Thirumanur and Puthupalayam, as per the learned counsel for the respondent, is about 30 kilometres. The transfer was issued on administrative grounds by the Joint Registrar of the Co-operative Societies.
5. The Writ Court, though recorded the fact that the transfer has been issued on administrative grounds, considered the submissions of the learned Special Government Pleader that there are complaints received against the respondent from the general public and therefore, it is a punitive transfer. This Court is of the considered view that receiving complaints from the public against an employee is a sufficient cause for transferring an employee.
WA No. 2520 of 2026
Transfer can be issued in lieu of suspension also. If there is no sufficient evidence to prosecute an employee based on the complaint, in the interest of public administration, such an employee may be transferred from one place to another place for efficient administration. Such transfers cannot be construed as punitive, warranting interference by the High Court in exercise of powers of judicial review.
6. Administrative transfer per se would not provide a cause for initiation of writ proceedings. Transfer is incidental to service and conditions of service. In the present case, admittedly, it is an administrative transfer issued in the interest of the Co-operative Societies. That apart, the transferred place is also within a distance of about 30 kilometres and absolutely there is no reason to interfere with the order of administrative transfer. The finding of the Writ Court that the transfer order was issued based on a complaint would not be sound enough to set aside the order of transfer.
7. If any inconvenience is caused to the public in providing services by the Co-operative Societies or frequent complaints are received from the public in providing services, the competent authority is empowered to issue a transfer to protect the interest of public administration. This being the principle to be followed in the matter of transfer, the writ order impugned is running counter to the legal principles settled in dealing with administrative transfers.
WA No. 2520 of 2026
S.M.SUBRAMANIAM, J. AND KRISHNASWAMY GOVINDARAJAN, J. skr
8. Accordingly, the writ order impugned dated 12.01.2026 passed in W.P.No.885 of 2026 is set aside and the writ appeal stands allowed. (S.M.S.,J.) (K.G.R.,J.) 21-08-2026 skr WA No. 2520 of 2026 21-08-2026