Madras High CourtWP(MD)/20158/2016disposed of

A.Muthupandi, v. The Joint Commissioner

2016-10-20Honourable Dr. Justice S. Vimala2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 20.10.2016

CORAM

THE HONOURABLE DR.JUSTICE S.VIMALA W.P(MD)No.20158 of 2016 A.Muthupandi ... Petitioner vs.

1)The Joint Commissioner, Commercial Taxes, Madurai Division, Madurai.

2.The Deputy Commissioner, Commercial Taxes, Sivagangai Division, Sivagangai.

... Respondents Petition filed under Article 226 of the Constitution of India, praying for the issuance of a Writ of Mandamus, directing the 1st respondent to transfer the petitioner from Thiruppathur, Sivagangai Division to any one of the Theni Division on the basis of the representation dated 05.01.2016 within a time frame that may be stipulated by this Hon'ble Court.

For Petitioner : Mr.V.Palanichamy For Respondents : Mr.R.Karthikeyan Additional Government Pleader

ORDER

This Writ of Mandamus has been filed seeking a direction to the 1st respondent to transfer the petitioner from Thiruppathur, Sivagangai Division to any one of the Theni Division on the basis of the representation dated 05.01.2016 within a time frame. 2.The petitioner was appointed as a Junior Assistant in the Office of the Deputy Commissioner (CT), Enforcement (North), Chennai on 22.12.2010. The 1st respondent issued a transfer order dated 14.07.2015, transferring the petitioner from Theni District to Sivagangai District. Accordingly, the petitioner has reported for duty at Sivagangai District on 14.07.2015. Subsequently, the petitioner has given a representation dated 05.01.2016 to the first respondent, seeking re-transfer to Theni District on the ground that his children are studying at Theni. Such representation is not https://hcservices.ecourts.gov.in/hcservices/

considered by the first respondent. Hence, the petitioner has filed this Writ Petition.

3.Learned Additional Government Pleader appearing for the respondents 1 and 2 would submit that it is agreeable for the 1st respondent to consider the representation dated 05.01.2016 and to pass orders.

4.In the circumstances, the 1st respondent is directed to consider the representation of the petitioner dated 05.01.2016 and to pass orders on merits and in accordance with law, within a period of four weeks from the date of receipt of a copy of this order. This writ petition is disposed of accordingly. No costs. Sd/- Assistant Registrar (AE) /True Copy/ Sub Assistant Registrar To 1.The Joint Commissioner, Commercial Taxes, Madurai Division, Madurai.

2.The Deputy Commissioner, Commercial Taxes, Sivagangai Division, Sivagangai.

+ 1 CC TO Mr.V.PALANICHAMY, ADVOCATE IN SR No. 61799 + 1 CC TO SPECIAL GOVERNMENT PLEADER IN SR No. 62924 SJ TE/GSV-PM : 17/11/2016 : 2P/5C W.P(MD)No.20158 of 2016 20.10.2016 https://hcservices.ecourts.gov.in/hcservices/