R.K.Guru Hari Haara Suthan v. The Commissioner Of Commercial Taxes
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 03.06.2025
CORAM
THE HONOURABLE MR. JUSTICE C.KUMARAPPAN R.K.Guru Hari Haara Suthan Son of Late S.Sathis Kumar, No. 110/330, Lloyds Road, Royapettah, Chennai - 600 014.
... Petitioner Vs.
1.
The Commissioner of Commercial Taxes, 4th Floor, Ezhilagam, PWD Estate, Chepauk, Triplicane, Chennai - 600 005.
The Joint Commissioner (State Taxes) Kancheepuram Division, Office of the District Collector, Kancheepuram, Kancheepuram - 631 501.
The Deputy Commissioner (State Taxes) Kancheepuram Division, Office of the District Collector, Kancheepuram, Kancheepuram 631 501.
The Assistant Commissioner (Sales Tax) Kundarathur Assessment Circle, Combined Commercial Taxes Comples, 2nd Floor, Bengaluru High Road, Varadharajapuram, Chennai - 600 123.
... Respondents
Prayer: Writ Petition filed under Article 226 of Constitution of India, seeking for an issuance of writ of Mandamus, directing the respondent herein to consider the application of the petitioner dated 22.09.2021 and 17.12.2024 for appointment on compassionate grounds and pass appropriate orders thereon within a time frame as may be fixed by this Court. For Petitioners : Mr.M.Kempraj For Respondents : M/s.K.Vasanthamala, Government Advocate (Tax)
ORDER
The instant writ petition has been filed to direct the respondents to consider the application of the petitioner dated 22.09.2021 and 17.12.2024 for appointment on compassionate grounds.
The case of the petitioner is that the petitioner is the adopted son of one Mr.S.Sathis Kumar. The petitioner's adopted father was employed in the respondents' Office and died on 25.03.2021. After the demise of said Mr.S.Sathis Kumar, the petitioner has given application to the respondents seeking appointment on compassionate grounds. The same was not considered. Hence the petitioner has filed the present writ petition.
Learned Counsel for the petitioner would submit that in spite of giving several applications, the respondents have not considered and hence filed the present writ petition to issue mandamus to the respondents to consider the above said application.
Learned Government Advocate for the respondents would submit that the respondents have fairly accepted the said application. However, the same was returned to the petitioner on 30.04.2025, seeking some clarification and requiring some documents for consideration. 5.
In view of the above submission, this Court deem it appropriate to direct the petitioner to submit the required documents as sought by the respondents in letter dated 30.04.2025 within a period of four weeks from the date of receipt of copy of this order. On such receipt of such documents, the respondents are directed to consider the application seeking compassionate appointment of the petitioner on its own merits and in accordance with law within a period of six weeks from thereafter.
With the above direction, the Writ Petition stands disposed of. No costs.
03.06.2025 veda Index:Yes/No Speaking order/Non-speaking order To 1.
The Commissioner of Commercial Taxes, 4th Floor, Ezhilagam, PWD Estate, Chepauk, Triplicane, Chennai - 600 005.
The Joint Commissioner (State Taxes) Kancheepuram Division, Office of the District Collector, Kancheepuram, Kancheepuram - 631 501.
The Deputy Commissioner (State Taxes) Kancheepuram Division, Office of the District Collector, Kancheepuram, Kancheepuram 631 501.
The Assistant Commissioner (Sales Tax) Kundarathur Assessment Circle, Combined Commercial Taxes Comples, 2nd Floor, Bengaluru High Road, Varadharajapuram, Chennai - 600 123.
C.KUMARAPPAN, J.
veda 03.06.2025