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Madras High CourtWP/6653/2015disposed of

P.Sakthivel v. The Secretary To Government

2016-06-30Honourable Mr Justice M. Jaichandren4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED:30.06.2016

CORAM

THE HONOURABLE MR.JUSTICE M.JAICHANDREN W.P.No.6653 of 2015 P.Sakthivel ..Petitioner vs.

1.

The Secretary to Government Commercial Taxes and Registration Department, Fort St.George Chennai -9.

2.

The Principal Secretary and Commissioner of Commercial Taxes, Chepauk, Chennai-5.

.. Respondents Prayer: Writ Petition under Article 226 of the Constitution of India praying to issue a writ of mandamus, directing the respondents to consider and pass orders on the representation made by the petitioner dated 08.01.2015 for settling the pay arrears and the consequential benefits based on the orders of the Hon'ble Supreme Court in Contempt(C) No.263 of 2007 in Civil Appeal Petition No.1454 of 1987 dated 04.03.2009 within a reasonable time.

For Petitioner : Mr.T.Ayngaraprabhu For Respondents : Mr.S.Kanmani Annamalai Additional Government Pleader (Taxes)

ORDER

Heard the learned counsels appearing on behalf of the petitioner, as well as the respondents.

2.This writ petition has been filed praying that this Court may be pleased to issue a WRIT OF MANDAMUS, directing the respondents, to consider and pass orders on the representation submitted by the petitioner, dated 08.01.2015.

3.Though various grounds have been raised in the affidavit filed in support of the writ petition, the learned counsel appearing for the petitioner has submitted that it would suffice, if the second respondent is directed to dispose of the petitioner's representation, dated 08.01.2015, on merits and in accordance with law, within a specified period. 4.The learned Additional Government Pleader appearing on behalf of the respondents has no objection for such an order being passed by this Court.

5.In view of the submissions made by the learned counsels appearing on either side, the second respondent is directed to dispose of the petitioner's representation, dated 08.01.2015, on merits and in accordance with law, within a period of twelve weeks from the date of receipt of a copy of this order, after giving an opportunity of hearing to the petitioner, as well as to the other persons concerned, if any. The petitioner is directed to furnish a copy of the representation, dated 08.01.2015, to the second respondent, along with a copy of this order. However, it is made clear that this Court, by this order, has not expressed any opinion on the merits of the matter.

6.The writ petition is disposed of, with the above direction. No costs. 30.06.2016 vj2 Index: Yes/No Internet: Yes To 1.

The Secretary to Government Commercial Taxes and Registration Department, Fort St.George Chennai -9.

2.

The Principal Secretary and Commissioner of Commercial Taxes, Chepauk, Chennai-5.

M.JAICHANDREN, J.

vj2 W.P.No.6653 of 2015 30.06.2016