P.Mahendran v. The State Of Tamil Nadu

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 06.03.2024

CORAM:

THE HONOURABLE MRS.JUSTICE V.BHAVANI SUBBAROYAN and THE HONOURABLE MR.JUSTICE K.K.RAMAKRISHNAN and C.M.P.(MD).No.10129 of 2017 1.P.Mahendran 2.M.Mohammed Hakkim 3.M.Rajesh Prabu 4.N.Mounagurunathan ... Appellants Vs.

1.The State of Tamil Nadu represented by its Principal Secretary to Government, Commercial Taxes and Registration Department, Secretariat, Fort St. George, Chennai 600 009.

2.The Principal Secretary /Commissioner of Commercial Taxes, Chepauk, Chennai 600 005.

3.The Joint Commissioner (Administration), O/o. The Principal Secretary / Commissioner of Commercial Taxes, Chepauk, Chennai 600 005.

4.R.Gopinath 5.L.Mathisoothanan 1/5

6.E.Dhatchayani Sangeetha 7.G.Karupannan ... Respondents Prayer: Writ Appal is filed under Clause 15 of Letters Patent, against the order passed by this Court in the writ petition in W.P.(MD).No.16878 of 2017, dated 14.09.2017.

For Appellants : Mr.F.Deepak For R1 to R3 : Mr.M.Prakash

J U D G M E N T

(Judgment of the Court was delivered by V.BHAVANI SUBBAROYAN, J.) This Writ Appeal has been filed against the order of the learned single Judge passed in W.P.(MD).No.16878 of 2017, dated 14.09.2017.

2. The appellants are the petitioners in the above writ petition. The challenge made in the writ petition is to the impugned proceedings issued by the first respondent in G.O.(D).No.278, Commercial Taxes and Registration (A1) Department, dated 15.06.2017 and to quash the same and consequently direct the respondents 1 to 3 to finalise the seniority list in the post of Deputy Commercial Tax Officer and to prepare regular panel for promotion to the post 2/5

of Commercial Tax officer for the year 2017 or in the alternative to prepare temporary panel for the year 2017, based on seniority by including the names of the petitioners and to promote the petitioners to the post of Commercial Tax Officer. This Court disposed of the writ petition on 14.09.2017, in terms of the order passed in W.P.(MD).No.14923 of 2017, dated 14.09.2017. Aggrieved over the same, the present writ appeal has been filed.

3. The learned counsel appearing for the respondents 1 to 3 would submit that this writ appeal has become infructuous as already panel has been prepared, which has been challenged before the learned single Judge of this Court by way of filing a writ petition.

4. In view of the above, nothing survives in this writ appeal for further adjudication. Hence, this Writ Appeal is dismissed as infructuous. No costs. Consequently, the connected Miscellaneous Petition is closed. [V.B.S.,J.] [K.K.R.K.,J.] 06.03.2024 Index : Yes/No Internet : Yes/No NCC : Yes/No akv 3/5

To 1.The Principal Secretary to Government, State of Tamil Nadu, Commercial Taxes and Registration Department, Secretariat, Fort St. George, Chennai 600 009.

2.The Principal Secretary /Commissioner of Commercial Taxes, Chepauk, Chennai 600 005.

3.The Joint Commissioner (Administration), O/o. The Principal Secretary / Commissioner of Commercial Taxes, Chepauk, Chennai 600 005.

4/5

V.BHAVANI SUBBAROYAN,J.

and K.K.RAMAKRISHNAN,J.

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