Madras High CourtWA(MD)/1197/2017dismissed as infructuous

Deepa v. T.Dravidaselvi

2017-09-14Honourable Mr Justice K.K. Sasidharan,Honourable Mr Justice G.R.Swaminathan3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 14.09.2017 CORAM :

THE HONOURABLE MR.JUSTICE K.K.SASIDHARAN AND THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN W.A.(MD)No.1197 of 2017 and W.M.P(MD)No.8359 of 2017 1.Deepa 2.P.Vijayakumar 3.K.Menaka 4.G.Kadher Hussain 5.S.Jegatheesan 6.A.Baskaran 7.T.K.Sureshkumar 8.M.Sampathraja 9.D.Prakash 10.N.Thirumal Murugan 11.K.Harikumar 12.M.Sivakumar 13.S.Sathish 14.P.Saravanan 15.G.Balaji 16.A.Panneerselvam 17.G.Thilagavathy 18.D.Nalini 19.R.Suganya 20.K.Perumal 21.R.Gopinath 22.L.Mathisoothanan 23.E.Dhatchyani Sangeetha 24.G.Karuppanan ... Appellants Vs.

1.T.Dravidaselvi 2.The State of Tamil Nadu rep. By its Secretary to Government, Commercial Taxes Department, Chennai - 600 009. 3.The Additional Chief Secretary/Commissioner of Commercial Taxes, Commercial Taxes Department, Chepauk, Chennai - 600 005.

... Respondents

PRAYER: This Writ Appeal is filed under Clause 15 of the letters Patent Act to set aside the order passed by the learned Judge vide order dated 9/8/2017 and confirmed on 22/8/2017, in WMP(MD) No.11762/17 in WP(MD)No.14923/17.

Prayer in WMP(MD). 11762/ 2017 :

This Miscellaneous Petition is filed praying to grant an Ad-Interim Stay of all further proceedings of the impugned panel list of Commercial Tax officers for the year 2015 passed by the 2nd respondent in his proceedings NO.P1/21111/2015-I dated 01.08.2017 and the consequential promotion and allotment order issued by the 2nd respondent in his proceedings in Proc. No. P1/21111/2015-II dated 01.08.2017 pending disposal of the above WP and thus render justice.

Prayer in WP(MD)No.14923/2017:- Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Certiorarified Mandamus, calling for the records relating to the impugned panel list of Commercial Tax Officers for year 2015 passed by the second respondent in his proceedings No.P1/21111/2015-I, dated 01.08.2017 and the consequential promotion and allotment order issued by the second respondent in his proceedings in Proc.No.P1/21111/2015-II, dated 01.08.2017 and quash the same as illegal insofar as respondents 3 to 26 [Serial Nos.75 to 98] are concerned and consequently, to direct the second respondent to include the name of the petitioner as per the seniority list published by the second respondent in his proceedings in Proc.No.P2/319/2011, dated 19.07.2012, within a time frame that may be fixed by this Court. For Appellant : Mr.V.Prakash, senior counsel for Mr.K.Krishnamoorthy For Respondents : Mr.M.Ajmal Khan, senior counsel for R1 Mr.R.Karthikeyan, AGP for RR2 & 3

JUDGMENT

[Judgment of the Court was delivered by K.K.SASIDHARAN, J.] The intra Court appeal is dismissed as infructuous on account of the dismissal of the writ petition in W.P.(MD) No.14923 of 2017. No costs. Consequently, connected miscellaneous petition is also dismissed.

Sd/- Assistant Registrar(RTI) /True Copy/ Sub-Assistant Registrar

To 1.The Secretary to Government, Commercial Taxes Department, Chennai - 600 009.

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

+One cc to Mr.K.Krishnamoorthy, Advocate, SR.No.77108 +One cc to M/s.Ajmal Associates, Advocate, SR.No.79135 +One cc to The Special Government Pleader, SR.No.79297 skm/Arul RL/6C/3P/KK/SAR1/2/11/2017 W.A.(MD)No.1197 of 2017 and W.M.P(MD)No.8359 of 2017 14.09.2017