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T. Subbiah v. The Secretary

Madras HC1 Jul 2025WA(MD)/974/2023

Case brief

AI extract

What is this about?

Writ appeal under Clause 15 of the Letters Patent by T.Subbiah against the Madras High Court order dated 07.09.2020 in W.P.(MD)No.3465 of 2014; appeal allowed on technical grounds; matter remitted to the disciplinary authority for fresh orders on merits and in accordance with law; disciplinary authority directed to consider the appellant's further explanation dated 16.11.2010 before passing final orders; no costs; connected C.M.P.(MD)No.7632 of 2023 closed. Bench: G.R.Swaminathan, J. (author) and K.Rajasekar, J. Decided 01.07.2025.

What did the court decide?

Writ appeal allowed; matter remitted to the disciplinary authority to pass orders afresh on merits and in accordance with law, considering the appellant's further explanation dated 16.11.2010; no costs; connected miscellaneous petition C.M.P.(MD)No.7632 of 2023 closed. ¶24

T. Subbiah Vs The Secretary — Madras HC (2025) — LawSathi Research

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1 W.A.(MD)NO.974 OF 2023

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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

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DATED : 01.07.2025

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CORAM

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THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN

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AND

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THE HON'BLE MR.JUSTICE K.RAJASEKAR

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W.A.(MD)No.974 of 2023 AND C.M.P.(MD)No.7632 of 2023

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T.Subbiah

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... Appellant/ Petitioner

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Vs.

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The Secretary, Government of Tamil Nadu, Commercial Taxes and Registration A1 Department, Fort St. George, Chennai.

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The Commissioner of Commercial Taxes, Chepauk, Chennai.

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The Joint Commissioner of Commercial Taxes, Tirunelveli Division, AR Line Road, Palayamkottai, Tirunelveli District. ... Respondents /Respondents

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Prayer: Writ Appeal filed under Clause 15 of Letters Patent, to set aside the order made by this Court in W.P.(MD)No.3465 of 2014 dated 07.09.2020 and allow the writ appeal.

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For Appellant : Ms.H.Jasima Yasmin, for M/s.Ajmal Associates. For Respondents : Mr.R.Suresh Kumar, Additional Government Pleader.

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https://www.mhc.tn.gov.in/judis

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2 W.A.(MD)NO.974 OF 2023

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J U D G M E N T

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(Order of the Court was delivered by G.R.SWAMINATHAN, J.)

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Since we fault the order impugned in the writ petition only on technical grounds, in the fitness of things, the matter is remitted to

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the file of the disciplinary authority to pass orders afresh on merits and in accordance with law. The disciplinary authority is obliged to consider the further explanation dated 16.11.2010 submitted by the appellant before passing final orders. This writ appeal stands allowed accordingly. No costs. Consequently, connected miscellaneous petition is closed.

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(G.R.SWAMINATHAN, J.) & (K.RAJASEKAR, J.) 1^st July 2025

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NCC : Yes / No Index : Yes / No Internet : Yes/ No PMU

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2/4

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https://www.mhc.tn.gov.in/judis

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3 W.A.(MD)NO.974 OF 2023

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