P.Ramasamy v. The Commissioner Of Revenue

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 18.01.2017

CORAM:

THE HONOURABLE MR.JUSTICE R.SUBBIAH AND THE HONOURABLE MRS.JUSTICE J.NISHA BANU W.A.[MD].No.1269 of 2016 and C.M.P.(MD).No.8663 of 2016 P.Ramasamy : Appellant Vs.

1.The Commissioner of Revenue Administration, Chepauk, Chennai.

2.The District Collector, Tuticorin District, Tuticorin.

: Respondents PRAYER: Writ Appeal is filed under Clause 15 of the Letters Patent against the order dated 18.11.2010 made in W.P.(MD).No.3376 of 2010, on the file of this Court.

Prayer in WP(MD). 3376/ 2010 :

Writ Petition is 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 memo A6/Pdl.30/2009 A2 dated 06.03.2010 and consequential order of reversion and posting passed by the 2nd respondent in his proceedings Na.Ka.No. A6/52332/2008 dated 08.03.2010 and quash the same as illegal in so far as the petitioner is concerned and consequentially to direct the respondents to include his name in the list of Tahsildar for the year 2009 and to restore the petitioner in the original post of Special Tahsildar (Land Acquisition), National Highways, Tuticorin.

For Appellant : Mr.M.E.Ilango for M/S.M.Ajmal Associates For Respondents : Mr.VR.Shanmuganathan Special Government Pleader

JUDGMENT

************* [Judgment of the Court was made by R.SUBBIAH, J.] Challenge in this Writ Appeal is to the order dated 18.11.2010 made in W.P.(MD).No.3376 of 2010.

2. The said Writ Petition was filed by the appellant herein challenging the impugned memo dated 06.03.2010 and the consequential order of reversion dated 08.03.2010 and for a direction to the respondents to include his name in the list of

Tahsildars for the year 2009 and to restore the appellant in the original post of Special Tahsildar [Land Acquisition], National Highways, Tuticorin.

3. The case of the appellant before the learned Single Judge was that he was appointed as Junior Assistant on 07.06.1976 and thereafter, he was promoted as Assistant, during February 1988. Subsequently, he was promoted as Deputy Tahsildar during November 2001. As he was eligible to be promoted as Tahsildar, the appellant was promoted as Tahsildar by the second respondent by his proceedings dated 19.10.2009 and he was posted as Special Tahsildar [Land Acquisition], National Highways, Tuticorin. He also assumed charge on 21.10.2009. When the matter stood thus, without giving any notice or providing any opportunity, the second respondent passed the order dated 06.03.2010, informing that his name was not included in the panel for promotion to the post of Tahsildars for the year 2009.

Thereafter, the second respondent, by yet another order dated 08.03.2010, reverted the appellant and posted him as Superintendent at the office of the District Backward Classes and Minority Welfare Officer, Tuticorin. Under the said circumstances, the appellant filed the said Writ Petition for the relief stated earlier.

4. The learned Single Judge, by order dated 18.11.2010, dismissed the said Writ Petition. Questioning the validity of the said order, the present Writ Appeal has been filed.

5. Today, when the Writ Appeal is taken up for consideration, it is submitted by Mr.VR.Shanmuganathan, the learned Special Government Pleader, that the reversion of the appellant is only temporary in nature. He also produced a copy of the proceedings dated 04.11.2016, issued by the second respondent herein and submitted that the name of the appellant has been included in the panel for the post of Tahsildars for the year 2009 and the appellant has also been restored in the original post of Special Tahsildar [Land Acquisition], National Highways, Tuticorin.

6. In view of the above, nothing survives for consideration in this Writ Appeal. Hence, recording the above submission made by the learned Special Government Pleader, the Writ Appeal is closed. No costs. Consequently, connected Miscellaneous Petition is closed.

Sd/- Assistant Registrar(Crl Side) /True Copy/ Sub Assistant Registrar

To 1.The Commissioner of Revenue Administration, Chepauk, Chennai.

2.The District Collector, Tuticorin District, Tuticorin.

+1cc to Mr.M.Ajmal Associates, Advocate Sr.No.2971 +1cc to M/S THE SPECIAL GOVERNMENT PLEADER, SR.NO. 3070 NB AE/SUMMS/01.02.2017/3p/5c JUDGMENT MADE IN W.A.[MD].No.1269 of 2016 18.01.2017