K.Sarasa v. The Secretary To Government

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 06.07.2023

CORAM:

THE HONOURABLE DR.JUSTICE ANITA SUMANTH AND THE HONOURABLE MR.JUSTICE R.VIJAYAKUMAR K.Sarasa ...Appellant /Vs./ 1.The Secretary to Government, Commercial Taxes and Registration Department, Government of Tamil Nadu, Fort.St.George, Chennai-600 009.

2.The Inspector General of Registration, Santhome Road, Chennai.

...Respondents

PRAYER:- Writ Appeal - filed under Clause 15 of Letters Patent Act, to set aside the order dated 08.07.2014 made in W.P.(MD)No.16001 of 2013 on the file of this Court.

For Appellant : Mr.T.Antony Arul Raj For Respondents : Mr.M.Sidharthan Additional Government Pleader 1/4

JUDGMENT

(Judgment of the Court was delivered by DR.ANITA SUMANTH , J.) Upon hearing Mr.T.Antony Arul Raj, learned counsel for the appellant and Mr.M.Sidharthan, learned Additional Government Pleader for the State, we find no infirmity in the order dated 08.07.2014. 2.The Writ Petition has been filed for writ of mandamus to direct the respondents to release pension and gratuity as claimed by the writ petitioner. In the course of hearing, the learned Single Judge had noticed the position that a provisional order reducing pension and gratuity has been passed on 09.02.2013 and thus, dismissed the writ petition leaving it open to the writ petitioner to challenge the provisional order.

3.In the interim, pending writ appeal, the learned counsel for the appellant states that proceedings have been taken to a logical conclusion and an order has been passed on 05.01.2015 confirming the reduction as proposed in order dated 09.02.2013. He is however 2/4

unaware of whether it was challenged in appeal and what the fate of the appeal, if any, was.

4.In the light of the aforesaid, we dismiss this writ appeal. Needless to say, the writ petitioner is always at liberty to seek disbursement of any component of pension and gratuity that would be payable to her, consequent on the proceedings initiated by the respondents, and in accordance with law. No costs. [A.S.M.J.,] & [R.V.J.,] 06.07.2023 NCC :Yes/No Index :Yes/No Internet :Yes ta To 1.The Secretary to Government, Commercial Taxes and Registration Department, Government of Tamil Nadu, Fort.St.George, Chennai-600 009.

2.The Inspector General of Registration, Santhome Road, Chennai.

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DR.ANITA SUMANTH, J.

AND R.VIJAYAKUMAR, J.

ta Order made in Dated:

06.07.2023 4/4