Madras High CourtWP(MD)/6425/2017disposed of

A.Muthupandi,M/49/2017 v. Additional Chief Secretary

2017-04-11Honourable Mr Justice S.S. Sundar2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 11.04.2017

CORAM

THE HONOURABLE MR.JUSTICE S.S.SUNDAR W.P.(MD).No.6425 of 2017 A.Muthupandi, Assistant, Commercial Taxes Office, Thiruppathur, Sivagangai District.

..Petitioner Vs.

1.The Additional Chief Secretary, Commissioner of Commercial Taxes, Ezhilagam Chepauk, Chennai.

2.The Joint Commissioner, Commercial Taxes, Madurai Division, Madurai.

3.The Deputy Commissioner, Commercial Taxes, Sivagangai Division, Sivagangai District. .. Respondents PRAYER : Writ petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing the respondents 1 and 2 to consider the representation of the petitioner, dated 05.01.2017 for the post of Deputy Commercial Tax Officer as per the promotion panel prepared for the year 2016 within a time frame that may be stipulated by this Court.

For Petitioner : Mr.V.Palanichamy For Respondents : Mr.N.S.Karthikeyan, Additional Government Pleader.

O R D E R

This Writ petition has been filed by the petitioner for issuance of a Writ of Mandamus, directing the respondents 1 and 2 to consider the representation of the petitioner, dated 05.01.2017 for the post of Deputy Commercial Tax Officer as per the promotion panel prepared for the year 2016 within a time frame that may be stipulated by this Court.

2. Heard the learned counsel appearing for the petitioner and the learned Additional Government Pleader appearing for the respondents.

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3. Mr.N.S.Karthikeyan, learned Additional Government Pleader takes notice for the respondents. By consent, the Writ petition itself is taken up for final disposal.

4. Though the Writ petition is for issuing a Writ of Mandamus to give a positive direction to the respondents 1 and 2, the learned counsel for the petitioner submit that the petitioner will be satisfied if a direction is issued to the respondents 1 and 2 to consider the petitioner's representation, dated 05.01.2017, within the time stipulated by this Court.

5. Having regard to the limited scope of the prayer now sought for by the learned counsel for the petitioner before this Court, without expressing any opinion on the merits of the matter, this Court is inclined to issue the following direction:- "The respondents 1 and 2 are directed to consider the representation of the petitioner, dated 05.01.2017, and pass appropriate orders on merits and in accordance with law, within a period of six weeks from the date of receipt of a copy of this order."

6. Accordingly, the Writ petition is disposed of. No costs. Sd/- Assistant Registrar(CO) /True copy/ Sub Assistant Registrar To 1.The Additional Chief Secretary, Commissioner of Commercial Taxes, Ezhilagam Chepauk, Chennai.

2.The Joint Commissioner, Commercial Taxes, Madurai Division, Madurai.

3.The Deputy Commissioner, Commercial Taxes, Sivagangai Division, Sivagangai District.

+1 cc to Mr.V.Palanisamy , Advocate in SR.No. 51292 +1 cc to Special Government Pleader in SR.No:51716 pmu AE/RR/24.04.2017/3P/6C ORDER MADE IN W.P.(MD).No.6425 of 2017 11.04.2017 https://hcservices.ecourts.gov.in/hcservices/