Madras High Court
M.Loganathan vs The Secretary To Government on 25 November, 2021
W.P.(MD) No.5814 of 2018
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 25.11.2021
CORAM
THE HON'BLE DR.JUSTICE ANITA SUMANTH
W.P.(MD)No.5814 of 2018
and
W.M.P(MD).No.5677 of 2018
M.Loganathan .. Petitioner
Vs.
1.The Secretary to Government,
Commercial Taxes and Registration Department,
Fort St George, Chennai.
2.The Inspector General of Registration,
Santhome High Road,
Chennai. .... Respondents
Prayer: Writ Petition is filed under Article 226 of Constitution of India,
to issue a Writ of Mandamus, directing the respondents to refix the
petitioner's seniority in the higher grade of Sub Registrar Grade I,
District Registrar and Assistant Inspector General of Registration as a
consequence of the re-fixation of his seniority in the entry grade of Sub
Registrar Grade II by proceedings dated 06.12.2013 and after such re-
fixation make further promotions to higher grade including that of
Deputy Inspector General of Registration, Additional Inspector General
of Registration on the basis of revised seniority.
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W.P.(MD) No.5814 of 2018
For Petitioner : Mr.V.Vijayashankar for
Mr.V.Karthikeyan
For Respondents : Mr.A.K.Manickam, SGP
ORDER
Heard Mr.V.Vijayashankar for Mr.V.Karthikeyan, learned
counsel for the petitioner and Mr.A.K.Manickam, learned Special
Government Pleader appearing for the respondents.
2.The petitioner has sought a Mandamus, directing the
respondents to refix his seniority in the higher grade of Sub-Registrar
Grade I, District Registrar and Assistant Inspector General of
Registration as a consequence of the refixation of his seniority in the
entry grade of Sub Registrar Grade II, vide proceedings dated
06.12.2013. He seeks all consequential benefits, promotion as well.
3.Both Mr.Vijayashankar, learned counsel appearing for the
petitioner and Mr.A.K.Manickam, learned Special Government Pleader
appearing for the respondents would concur on the position that the very
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W.P.(MD) No.5814 of 2018
same issue as agitated by the petitioner in the present Writ Petition has
been putforth by the 16 persons in WP.No.27194 of 2013. A learned
Single Judge of this Court, sitting in the Principal seat has disposed that
Writ Petition on 18.11.2020 holding that the Writ Petition has become
infructuous, in the light of judgment of the Hon'ble Supreme Court in
K.Madalaimuthu and another Vs. State of Tamil Nadu and others (2006
(6) SCC 558).
4.The learned Single Judge, while dismissing the writ petition,
has granted liberty to those petitioners to make further representation
seeking fixation of their seniority in the higher category and directed the
respondents that upon receipt of such representation if any, they will
consider the same and pass appropriate orders in accordance with law.
5.Thus, in the interests of the uniformity, this Writ Petition is also
dismissed as infructuous. Liberty is granted to the petitioner to make a
fresh representation seeking re-fixation of seniority, and such
representation if and when filed, shall be considered by the second
respondent/Inspector General of Registration and disposed
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W.P.(MD) No.5814 of 2018
expeditiously, after hearing the petitioner, in accordance with law.
6.With the above liberty, this Writ Petition is dismissed. No costs.
Consequently, connected miscellaneous petition is closed.
25.11.2021
Index: Yes/No
Internet: Yes
dn
Note : In view of the present lock down owing to
COVID-19 pandemic, a web copy of the order may be
utilized for official purposes, but, ensuring that the
copy of the order that is presented is the correct copy,
shall be the responsibility of the advocate/litigant
concerned.
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https://www.mhc.tn.gov.in/judis
W.P.(MD) No.5814 of 2018
To
1.The Secretary to Government,
Commercial Taxes and Registration Department,
Fort St George, Chennai.
2.The Inspector General of Registration,
Santhome High Road,
Chennai.
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https://www.mhc.tn.gov.in/judis
W.P.(MD) No.5814 of 2018
DR.ANITA SUMANTH, J.
dn
W.P.(MD)No.5814 of 2018
25.11.2021
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