Mrs. G.Vadivazhagi, v. The Principal Secretary

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED :27.06.2019

CORAM

THE HONOURABLE Mr. JUSTICE V.PARTHIBAN W.P.No.5225 of 2018 and W.M.P.No.6387 of 2018 G.Vadivazhagi ... Petitioner Vs.

1.The Principal Secretary to Government, Commercial Taxes & Registration Department, Secretariat, Chennai - 9.

2.The Inspector General of Registration, Santhome High Road, Chennai - 600 028.

3.D.Swaminathan ... Respondents Prayer: Petition filed under Article 226 of the Constitution of India praying for issuance of a Writ of Certiorarified Mandamus to call for the records pertaining to the G.O.Ms.No.32, Commercial Taxes and Registration Department dated 22.02.2018 promoting the third respondent as Deputy Inspector General of Registration and quash the orders passed therein and consequently include the name of the petitioner in the panel of District Registrars of the year 2005-2006 and accord her further promotions as Assistant Inspector General of Registration Deputy and Inspector General of Registration with retrospective effect either in the existing vacancy or by creating a supernumerary post.

For Petitioner : Mr.Chandra Sekaran For M/s.M.F.Shabana For RR 1 & 2 : Mr.T.M.Pappiah Special Government Pleader For 3rd Respondent : Mr.Balamurali Krishnan For M/s.C.S.K.Sathish

ORDER

The petitioner has approached this Court challenging the order passed in G.O.(Ms).No.32, Commercial Taxes and

Registration (H) Department, dated 22.02.2018 promoting the 3rd respondent as Deputy Inspector General of Registration. As according to the petitioner, while promoting the 3rd respondent, her claim has been overlooked.

2.When the matter is taken up for hearing, the learned counsel appearing for the petitioner would submit that as regards the challenge to the promotion of the 3rd respondent, the petitioner is giving up her objection, but he requests this Court to direct the respondents 1 and 2 to pass appropriate orders on the representation submitted by the petitioner dated 12.02.2018 seeking promotion for herself to the post of Deputy Inspector General of Registration.

3.On behalf of the respondents 1 and 2, Mr.T.M.Pappiah, learned Special Government Pleader has entered appearance. Mr.Balamurali Krishnan, learned counsel takes notice for the 3rd respondent.

4.Since the learned counsel for the petitioner would confine his relief only for seeking a direction from this Court to the respondents 1 and 2 to pass appropriate orders on the representation, this Court, without expressing any opinion on the merits and demerits of the case, disposes of the Writ Petition, by passing the following direction: The respondents 1 and 2 are directed to consider and pass appropriate orders on the representations of the petitioner dated 11.01.2018 and 13.02.2018 for promotion to the post of Deputy Inspector General of Registration on merits and in accordance with law, within a period of six weeks from the date of receipt of a copy of this order.

5.It is also made clear, as submitted by the learned counsel for the petitioner, that challenge to the appointment of the 3rd respondent as Deputy Inspector General of Registration is given up and the same shall not be pursued any further by the petitioner and her representation for promotion to the post of Deputy Inspector General of Registration alone shall be considered and orders to be passed. No costs. Consequently, connected Miscellaneous Petition is closed.

Sd/- Assistant Registrar(CS IX) //True Copy// Sub Assistant Registrar

Sgl To 1.The Principal Secretary to Government, Commercial Taxes & Registration Department, Secretariat, Chennai - 9.

2.The Inspector General of Registration, Santhome High Road, Chennai - 600 028.

3.The Government Advocate High Court, Madras.

+1cc to M/s.M.F.Shabana, Advocate sr.53267 +1cc to M/s.C.S.K.Sathish, Advocate sr.54475 +1cc to Government Pleader sr.54475 W.P.No.5225 of 2018 nr 03/07/2019