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Madras High CourtWP/1835/2019disposed of

Ejaz Tanning Company, v. The Commissioner,

2019-01-24Honourable Mr Justice K. Ravichandrabaabu3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 24.01.2019

CORAM

THE HON'BLE MR. JUSTICE K.RAVICHANDRABAABU W.P.Nos.1835, 1839, 1840, 1841, 1842, 1843, 1844 & 1846 of 2019 and W.M.P.Nos.2048, 2052, 2055, 2051, 2053, 2054, 2056 & 2057 of

1. Ejaz Tanning Company Represented by its Managing Partner Mr.A.R Ejaz Ahmed No.220/1, 1st Floor, Ennore Express Road, Thiruvottiyur Chennai-600019. ...Petitioner in W.P.Nos.1835, 1840, 1841, 1843 & 1846 of 2019

2. A.R Husna Ara ...Petitioner in W.P.No.1839 of 2019

3. A.R Rubeena Farheen ...Petitioner in W.P.No.1842 of 2019

4. M/s. Taj Foundation Pvt Ltd., Formally Known as Taj Roller Flour Mills Pvt Ltd., Represented by its Director, Mr.A.R Imtiyaz Ahmed, No.220/1, 1st Floor, Ennore Express Road, Thiruvottiyur Chennai-600019. ...Petitioner in W.P.No.1844 of 2019 Vs.

1. The Commissioner, Corporation of Chennai, Rippon Buildings, E.V.R. Periyar Salai, Chennai.

2. The Assistant Revenue Officer, Revenue Department, Zonal Office-IV, Corporation of Chennai No.226, Thiruvottiyur High Road, Old Washermanpet, Chennai-6000021. ...Respondents in all W.Ps Writ Petitions filed under Article 226 of the Constitution of India praying to issue a Writ of Certiorari to call for the records of the second respondent in notice dated 17.11.2018

bearing 7/18-19/121685, 7/18-19/121682, 7/1819/121686, 7/18-19/121688, 7/18-19/121683, 7/18-19/121684, 7/1819/121689 and 7/18-19/121687 and quash the same. For Petitioners : Mr.K.M.Aasim Shehzad (in all W.Ps) For Respondents : Mr.T.C Gopalakrishnan Standing Counsel (in all W.Ps) C O M M O N O R D E R Mr.T.C Gopalakrishnan, learned Standing Counsel takes notice for the respondents. By consent of the parties, these main writ petitions are taken up for final disposal at the admission stage itself.

2. These writ petitions are filed challenging the General Revision Notices No.1 dated 17.11.2018.

3. Heard both sides.

4. Admittedly, as against the impugned proceedings, the petitioner is having a remedy by way of filing an appeal before the authority referred to in the impugned proceedings by raising all the contentions as raised in these writ petitions. Without doing so, the petitioner has approached this Court and filed these writ petitions.

5. Needless to say that when such remedy is available to the petitioner, they have to first exhaust such remedy by raising all the contentions. Therefore, without expressing any view on the merits of the matter, these writ petitions are disposed of, by granting liberty to the petitioner to file such an appeal before the authority concerned within a period of three weeks from the date of receipt of a copy of this order. If any such appeal is filed, the concerned Appellate Authority shall consider the appeal and pass orders on the same on merits and in accordance with law, without reference to the period of limitation.

No costs.

Consequently, the connected miscellaneous petitions are closed.

-s/d- Assistant Registrar(CS IV) True Copy Sub-Assistant Registrar sni/mk

To

1. The Commissioner, Corporation of Chennai, Rippon Buildings, E.V.R. Periyar Salai, Chennai.

2. The Assistant Revenue Officer, Revenue Department, Zonal Office-IV, Corporation of Chennai No.226, Thiruvottiyur High Road, Old Washermanpet, Chennai-6000021.

+1 CC to M/s. BFS Legal , Advocate sr 5626.

+1 CC to Mr.T.C. Gopalakrishnan, Advocate sr 5643. W.P.Nos.1835, 1839, 1840, 1841, 1842, 1843, 1844 & 1846 of 2019 PP(CO) SP(13/02/2019)