The Secretary To Government v. P.Santhiya

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 28.07.2023

CORAM:

THE HONOURABLE MR.JUSTICE S.S.SUNDAR and THE HONOURABLE MR.JUSTICE D.BHARATHA CHAKRAVARTHY and C.M.P.(MD) No.9163 of 2023 1.The Secretary to Government Commercial Taxes & Registration (A2) Department Government of Tamil Nadu Fort St.George, Chennai-600 009 2.The Joint Commissioner (ST) Madurai Division Madurai District ... Appellants -vsP.Santhiya ... Respondent Writ Appeal filed under Clause 15 of Letters Patent to set aside the order, dated 13.04.2023, passed in W.P.(MD) No.5911 of 2023, on the file of this Court.

For Appellants :

Mr.J.Ashok Additional Government Pleader

J U D G M E N T

[Judgment of the Court was made by S.S.SUNDAR, J.] This writ appeal is directed against the order of the learned Single Judge, dated 13.04.2023, partly allowing the writ petition in W.P.(MD) No. 5911 of 2023 filed by the respondent herein.

2. The facts are not in dispute. The respondent as required under the Conduct Rules sought for permission from the appellants to purchase the property. Though the application was submitted well before the property was acquired by the respondent, the application could be processed and an order was passed granting permission only five years later. In the meanwhile, the respondent, in order to save the property, registered the document, after paying sale consideration. However, proceedings were initiated against the delinquent for purchasing the property, without permission. Even after noting the fact that the application seeking permission was pending consideration, a punishment of censure was imposed on her by the second respondent, vide order dated 09.03.2023. When the said order was challenged by the respondent by filing a writ petition, having regard to the peculiar facts and circumstances of the case, the learned Single Judge held that for the misconduct alleged by the respondent, which may be technically, a punishment of censure cannot be imposed.

3. This Court is unable to interfere with the order passed by the learned Single Judge as the reasons assigned by the learned Single Judge are unassailable. In this case, the appellants seem to take advantage of their own delay in processing the application and put the blame on the delinquent, who has in fact acted in good faith and saved the property for which she sought for permission.

4. Therefore, this writ appeal is devoid of merits and the same is dismissed. No costs. Consequently, connected miscellaneous petition is closed.

[S.S.S.R., J.] [D.B.C., J.] 28.07.2023 NCC :

Yes / No Index :

Yes / No Internet :

Yes / No krk

S.S.SUNDAR , J.

and D.BHARATHA CHAKRAVARTHY , J.

krk and C.M.P.(MD) No.9163 of 2023 28.07.2023