S.Muthulaxmi v. The Special Commissioner

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 10.03.2021

CORAM

THE HONOURABLE MR.JUSTICE R.MAHADEVAN W.P.No.42139 of 2016 S.Muthulaxmi ... Petitioner Vs.

1.The Special Commissioner, Commissioner of Commercial Taxes, Chepauk, Chennai - 600 005.

2.The Deputy Commissioner (CT), Commercial Tax Department, Salem Division, Salem.

3.The Assistant Commissioner (CT), Salem East, Salem District.

... Respondents Prayer:

Petition filed under Article 226 of the Constitution of India to issue a Writ of Mandamus directing the first respondent to consider and pass orders on the petitioner's representation dated 20.01.2016 regarding to disburse the payment of DCRG to the petitioner w.e.f. 08.04.1990 due to the death of my husband namely Late Suryaputhiran.

For Petitioner : Mr.V.Thirupathi For Respondents : Mr.M.Hariharan for R1 to R3 Additional Government Pleader (T)

O R D E R

The petitioner has filed this writ petition seeking direction to the first respondent to consider her representation dated 20.01.2016.

2.The learned counsel appearing for the petitioner submitted that the petitioner's husband was working as Office Assistant in the office of the third respondent and he was dismissed from service with effect from 04.01.1988 and he died on 08.04.1990. Thereafter, the petitioner made representation dated 20.01.2016 to the respondents seeking to settle the DCRG due to her husband https://hcservices.ecourts.gov.in/hcservices/

in her favour and since there was no response, has filed this writ petition.

3.The learned Additional Government Pleader (Taxes) appearing for the respondents fairly submitted that the first respondent would consider the representation of the petitioner dated 20.01.2016, purely on merits, within a time frame to be stipulated by this Court.

4.In view of the above, this Court directs the first respondent to consider the petitioner's representation dated 20.01.2016 and pass appropriate orders, on merits and in accordance with law, within a period of eight weeks from the date of receipt of a copy of this order.

5.With the above direction, the writ petition stands disposed of. No costs.

Sd/- Assistant Registrar(CS VI) //True Copy// Sub Assistant Registrar To 1.The Special Commissioner, Commissioner of Commercial Taxes, Chepauk, Chennai - 600 005.

2.The Deputy Commissioner (CT), Commercial Tax Department, Salem Division, Salem.

3.The Assistant Commissioner (CT), Salem East, Salem District.

+1cc to Mr.V.Thirupathi, Advocate SR.NO..15354 +1cc to The Special Government Pleader SR.NO..15720 AKM/09.04.21/2P-6C/ W.P.No.42139 of 2016 10.03.2021 https://hcservices.ecourts.gov.in/hcservices/