A.Sivakumar v. The State Of Tamil Nadu

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 29.08.2024

CORAM

THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH and W.M.P.No.27240 of 2024 A.Sivakumar, Commercial Tax Officer Esplanade-i (retired), Vadagarai Alathur, Thirukarugavur, Valangaiman Taluk, Thiruvarur.

.. Petitioner Vs.

1.The State of Tamil Nadu, Represented by The Additional Chief Secretary to Government, Commercial Taxes and Registration Department, Fort St. George, Chennai - 600 009.

2.The Additional Chief Secretary to Government, Commissioner of Commercial Taxes, Chepauk, Chennai - 600 005.

3.The Secretary, Tamil Nadu Public Service Commission, Frazer Bridge Road, Chennai - 600 003.

4.The Joint Commissioner (Commercial Taxes), Chennai (North) Division, Chennai - 600 006.

.. Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Certiorarified Mandamus, calling for the 1/4

records of the order passed by the 1st respondent in G.O.(D).No.370 dated 04.10.2017 and quash the same as illegal, arbitrary and against the principles of natural justice and direct the 1st respondent to reinstate the petitioner to get pension without getting cut from his DCRG and with all attendant benefits.

For Petitioner :

Ms.A.Vinu Pradha For Respondents :

Mr.G.Nanmaran Special Government Pleader

O R D E R

This writ petition has been filed challenging the proceedings of the 1st respondent dated 04.10.2017 and for a consequential direction to the 1st respondent to reinstate the petitioner and to grant all attendant benefits.

2.Heard the learned counsel for the petitioner and the learned Special Government Pleader for the respondents. 3.In the instant case, the order was passed by the 1st respondent on 04.10.2017. The Writ Petition has been filed before this Court on 05.07.2024.The only reason that has been assigned in the affidavit filed in support of the writ petition is as follows: 2/4

"15.It is also further submitted that I had approached a counsel named Adithya reddy to prefer a writ before the Hon'ble High Court of Madras. I submit that I was put into shock when I came to know the fact that the Adithya Reddy never filed any writ before the High Court of Madras and cheated me these all years along. I submit that later they produced some of the documents that I produced."

4.The above allegation made against some Advocate is completely vague bereft of any details. The petitioner does not even say as to when the petitioner approached the Advocate and what follow up action was taken. Therefore, by making some vague allegations, the petitioner cannot get over the exorbitant delay of 7 years in approaching this Court. This writ petition is hit by latches and accordingly the same is hereby dismissed. Consequently, the connected Miscellaneous Petition is closed. No costs.

29.08.2024 krk Index : Yes / No Internet : Yes / No : Yes / No 3/4

N.ANAND VENKATESH, J.

krk To 1.The State of Tamil Nadu, Represented by The Additional Chief Secretary to Government, Commercial Taxes and Registration Department, Fort St. George, Chennai - 600 009.

2.The Additional Chief Secretary to Government, Commissioner of Commercial Taxes, Chepauk, Chennai - 600 005.

3.The Secretary, Tamil Nadu Public Service Commission, Frazer Bridge Road, Chennai - 600 003.

4.The Joint Commissioner (Commercial Taxes), Chennai (North) Division, Chennai - 600 006.

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