Shanmugavel.M v. The Joint Commissioner Of Taxes (St)

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 03.09.2024

CORAM:

THE HONOURABLE MR.JUSTICE R.VIJAYAKUMAR W.P(MD)No.25333 of 2022 and W.M.P(MD) No.19418 of 2022 M.Shanmugavel ... Petitioner Vs.

1. The Joint Commissioner of Taxes (ST) A.R.Road, Palayankottai, Tirunelveli, Tirunelveli District.

2. The Deputy Commissioner (ST) CT Buildings, NGO Colony, Satchiyapuram, Sivakasi, Virudhunagar District.

... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Certiorarified Mandamus, to call for the records in pursuant to the impugned order passed by the first respondent in proceeding Se.Mu.Order No.A8/3827/2022, dated 21.10.2022 and quash the same and consequently direct the respondents to post the petitioner as Office Assistant, Office of the Deputy Commissioner (ST) Sivakasi, Virudhunagar District.

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For Petitioner : Mr.V.Muthukamatchi For Respondents : Mr.R.Suresh Kumar Additional Government Pleader

O R D E R

The instant writ petition has been filed by an Office Assistant working in the office of the Deputy Commissioner of Commercial Tax Department, Sivakasi, challenging the order of his transfer from Sivakasi to Tirunelveli.

2. At the time of admission, this Court has granted an order of interim stay and the petitioner is still continuing at Sivakasi.

3. The learned Additional Government Pleader appearing for the respondents, on instructions, submitted that now from March 2023 onwards Sivakasi has been declared as an independent division under the Commercial Tax Department. Therefore, the petitioner cannot be transferred from Sivakasi to Tirunelveli. In view of the above said facts, the learned Additional Government Pleader submits that the petitioner will be retained at Sivakasi and the impugned order will not be given effect to. 2/4

4. In view of the stand taken by the respondent Department that the impugned order dated 21.10.2022 cannot be given effect to, and in view of the subsequent events, this Writ Petition stands disposed of. There shall be no order as to costs. Consequently connected Miscellaneous Petition stands closed.

03.09.2024 NCC : Yes/No Index : Yes / No Internet : Yes / No ebsi To

1. The Joint Commissioner of Taxes (ST) A.R.Road, Palayankottai, Tirunelveli, Tirunelveli District.

2. The Deputy Commissioner (ST) CT Buildings, NGO Colony, Satchiyapuram, Sivakasi, Virudhunagar District.

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R.VIJAYAKUMAR,J.

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