Madras High CourtWP/26765/2023disposed of

R.Selvi v. The Secretary To Government

2023-09-13Honourable Mr Justice N. Sathish Kumar4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 13.09.2023

CORAM

THE HONOURABLE MR.JUSTICE N.SATHISH KUMAR R.Selvi ... Petitioner Vs.

1.The Secretary to Government, Commercial Taxes and Registration Department, Secretariate, Chennai - 600 009.

2.The Inspector General of Registration, O/o. IG of Registration, Chennai - 600 028.

... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, to direct the 2nd respondent to dispose the petitioner representation, dated 26.03.2022 (in person) and the remainder representation dated 25.07.2023 in accordance with law. For Petitioner :

Mr.D.Bharathy For Respondents :

Mr.M.Alagu Gowtham, Government Advocate

ORDER

This Writ Petition has been filed to direct the 2nd respondent to dispose the petitioner's representation, dated 26.03.2022 (in person) and the remainder, dated 25.07.2023 in accordance with law. Page No.1 of 4

2.The contention of the learned counsel for the petitioner is that when the petitioner's husband was working as Sub Registrar of Gingee Registration Officer, Tindivanam, it was found that there is deficit in collection of stamp duty and registration charges, therefore, the 2nd respondent vide order, dated 11.11.2010 has imposed punishment of compulsory retirement of the petitioner's husband. Challenging the same, the petitioner's husband filed Writ Petition before this Court in W.P.No.29855 of 2010 and this Court, by order, dated 31.01.2020 set aside the punishment and gave direction to disburse all the monetary and attendant benefits to the petitioner's husband. Thereafter, the petitioner died on 24.05.2021. Subsequently, the 1st respondent issued G.O.(D)No.66, dated 08.03.2022 to implement the direction of this Court in W.P.No.

29855 of 2010, dated 31.01.2020 and thereafter, the 2nd respondent, by order, dated 27.04.2023 regularized the service of the petitioner's husband for the period from 12.11.2010 to 31.01.2011. Now, the grievance of the petitioner is that in view of the regularization of the service, the petitioner, being a wife, is entitled for pension for increased promotion post of Assistant Inspector General. In this regard, she has given representation to the respondents, Page No.

dated 26.03.2022 and also reminder, dated 25.07.2023, however the same have not been considered. Hence, seeks direction of this Court. 3.The learned Government Advocate appearing for the respondents submitted that appropriate orders will be passed on the representation of the petitioner within a short period.

4.Considering the limited relief sought for in this Writ Petition, there shall be a direction to the respondents to consider the representation of the petitioner and pass orders on merits and in accordance with law, within a period of three months, from the date of receipt of a copy of this order. 5.With the above direction, this Writ Petition stands disposed of. No costs.

13.09.2023 Index : Yes/No Internet: Yes/No Speaking Order/Non-Speaking Order vv2 Page No.3 of 4

N.SATHISH KUMAR , J.

vv2 To 1.The Secretary to Government, Commercial Taxes and Registration Department, Secretariate, Chennai - 600 009.

2.The Inspector General of Registration, O/o. IG of Registration, Chennai - 600 028.

13.09.2023 Page No.4 of 4