Madras High CourtWP/34289/2017dismissed

N.M.Elayaperumal, v. The Secretary To Government,

2018-01-08Honourable Mr Justice T.Raja2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 08.01.2018

CORAM

THE HONOURABLE MR.JUSTICE T.RAJA W.P.No.34289 of 2017 N.M.Elayaperumal ..

Petitioner -vs1. The Secretary to Government Commercial Tax and Registration (H) Department Fort St.George Chennai 600 009

2. The Inspector General of Registration No.100, Santhome High Road Mylapore Chennai 600 004 ..

Respondents Petition under Article 226 of the Constitution of India, praying for the issue of a Writ of Certiorari, to call for the records relating to the G.O.(D) No.257 Commercial Tax and Registration (H) Department dated 27.05.2013 on the file of the first respondent and quash the same.

For Petitioner :: Mr.D.Veerasekaran For Respondents :: Mr.V.Kathirvelu Special Government Pleader

ORDER

This writ petition has been filed with a huge and unexplained delay of more than four years from the date of passing of the impugned G.O.(D) No.257, Commercial Taxes and Registration (H) Department dated 27.5.2013, imposing the punishment of recovery of Rs.500/- per month for two years from the pension of the petitioner.

2. A perusal of the impugned order shows that the petitioner also has fairly conceded his delinquency. Taking note of his admission, the impugned order has been passed stating that the Commission do not want to interfere into the proposed recovery of Rs.500/- per month for a period of two years from the pension of the petitioner. When the petitioner himself has admitted his guilt, based on which he was imposed with the aforementioned punishment and secondly, when he has also slept over the matter, as mentioned above, for more than 4 1⁄2 years, it is not known how the petitioner, holding a high position in the Department of https://hcservices.ecourts.gov.in/hcservices/

Registration, can come to this Court with a huge delay without any sufficient cause to condone the same. Therefore, on the score that the petitioner has conceded his guilt, this Court is of the view that he cannot come to this Court. Accordingly, the writ petition is dismissed. Consequently, W.M.P.No.38161 of 2017 is also dismissed. No costs.

Sd/- ASST. REGISTRAR /TRUE COPY/ SUB ASST. REGISTRAR ss To

1. The Secretary to Government Commercial Taxes and Registration (H) Department Fort St.George Chennai 600 009

2. The Inspector General of Registration No.100, Santhome High Road Mylapore Chennai 600 004 +1 cc to M/S.D.VEERASEKARAN, Advocate SR.NO. 1223 +1 cc to the Government Pleader, High Court, Chennai SR.NO. 1861 W.P.No.34289 of 2017 JK 25/01/18 https://hcservices.ecourts.gov.in/hcservices/