S.Ramaraju, v. The State Of Tamilnadu
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 08.10.2021
CORAM
THE HONOURABLE MR.JUSTICE C.SARAVANAN W.P.NOS.13110 & 15024 OF 2018 AND WMP.NOS.17793 & 34995 OF 2018 & WMP.NO.38918 OF 2018 & WMP.NOS.15412&15413 OF 2018 S.Ramaraju .. Petitioner in W.P.No.13110 of 2018 V.S.Geethabai (deceased)
1. G.Haridas
2. H.Krishan Prasad
3. H.Vishnu Prasad (Petitioners 1 to 3 are impleaded in WP.No.15024 of 2018 as per the order of this Court made in WMP.No.16931 of 2021, dated 8.10.2021) .. Petitioners in W.P.No.15024 of 2018 Vs.
1. The State of Tamil Nadu, Rep. by the Secretary to Government, Commercial Tax Department, Secretariat, Chennai - 600 009.
2. The Additional Chief Secretary / Commissioner of Commercial Taxes, Chepauk, Chennai - 600 005.
3. The Joint Commissioner (CT) Enforcement, Coimbatore .. Respondents in both Wps.
Prayer in W.P.No.13110 of 2018 : Writ Petition filed under Article 226 of the Constitution of India praying for issuance of a Writ of Certiorari to call for the records pertaining to the proceedings of the 3rd respondent in Ref.No.222/2018/A1 dated 24.05.2018 and quash the same as illegal, incompetent and ultravires.
Prayer in W.P.No.15024 of 2018 : Writ Petition filed under Article 226 of the constitution of India praying for issuance of a writ of Certiorari to call for the records pertaining to the proceedings of the 3rd respondent in Ref.No.222/2018/A1 dated 11.06.2018 and quash the same as illegal, incompetent and ultravires.
W.P.No.13110 of 2018 For petitioner : Mr.Singaravelan Senior Counsel for R.Jayaprakash For Respondents 1 to 3 : Mr.L.S.M.Hasan Fizal Government Advocate W.P.No.15024 of 2018 For Petitioner : Mr.R.Singaravelan, Senior Counsel for R.Jayaprakash For Respondents 1 to 3 : Mr.L.S.M.Hasan Fizal Government Advocate COMMON ORDER These writ petitions have been filed challenging the proceedings of the third respondent dated 24.5.2018 and 11.06.2018 reverting the petitioners herein from the rank of Deputy State Tax Officer/Manager from the Office of the Appellate Deputy Commissioner (ST), Coimbatore as the Assistant pursuant to order of the second respondent.
2. Today, when the cases were taken up for hearing, the learned senior counsel appearing for the petitioners, submitted that the petitioner in W.P.No.13110 of 2018 was permitted to retire from service on 31.5.2018 on attaining the age of superannuation while the petitioner in W.P.No.15024 of 2018 was permitted to retire from service on 31.3.2020 on attaining the age of superannuation. He further submits that the petitioner in W.P.No.15024 of 2018 died on 7.5.2021.
3. Since the petitioner in W.P.No.13110 of 2018 has retired from service, the relief sought for herein has become infructuous and hence nothing survives for adjudication in the above writ petitions. Therefore, W.P.No.13110 of 2018 and W.P.No.15024 of 2018 are dismissed as having become infructuous. No costs.
4. It is however open for the legal heirs of the deceased petitioner in W.P.No.15024 of 2018 to approach the first respondent for settlement of retirement and other terminal benefits if any, which remains unpaid on account of the death of the petitioner by making proper application. If such application, is made, the same shall be considered and an appropriate orders shall be passed on merits within a period of twelve weeks from the date of receipt of such representation. Consequently, the connected miscellaneous petitions are closed. Sd/- Assistant Registrar(CCC) //True Copy// Sub Assistant Registrar adl To
1. The Secretary to Government, Commercial Tax Department, Secretariat, Chennai - 600 009.
2. The Additional Chief Secretary / Commissioner of Commercial Taxes, Chepauk, Chennai - 600 005.
3. The Joint Commissioner (CT) Enforcement, Coimbatore.
+2ccs to M/s.R.Jayaprakash, Advocate, S.R.Nos.53458 & 53459 +2ccs to the Special Government Pleader(Taxes), High Court, Chennai, S.R.Nos.53476 & 53477 W.P.Nos.13110 & 15024 of 2018 and WMP.Nos.17793 & 34995 of 2018 & WMP.No.38918 of 2018 & WMP.Nos.15412&15413 of 2018 SJ(CO) RLP(06/12/2021)