The Madras Aluminum Company v. The Assistant Commissioner

IN THE HIGH COURT OF JUDICATURE OF MADRAS

DATED: 16.07.2019

CORAM:

THE HONOURABLE MR. JUSTICE M.S. RAMESH W.P.No.11228 of 2009 and M.P.Nos.1 & 2 of 2009 The Madras Aluminium Company Limited Post Box No.4, Mettur Dam, Salem District - 636 402 represented by its authorized signatory C.Prabhakaran

...Petitioner

Vs 1.The Assistant Commissioner Commercial Taxes (FAC) Omallur Salem District.

2.The Secretary to Government Commercial Taxes Department Government of Tamil Nadu Chennai.

3.The Joint Commissioner Commercial Taxes Department Government of Tamil Nadu Salem.

4.The Additional Commissioner of Sales Tax Commercial Taxes Department Chennai.

5.The Branch Manager HDFC Bank No.759 ITC Centre Anna Salai, Chennai - 600002 6.The Branch Manager State Bank of India

7.The Branch Manager Karur Vysa Bank 8.The Branch Manager Indian Bank

...Respondents

PRAYER: Writ Petition filed under Article 226 of the Constitution of India, praying to issue a writ of Certiorarified Mandamus, calling for the records comprised in the proceedings of the first respondent in R.P.No.3/08-09 A4 dated 29.04.2009 and the consequential order bearing No.R.P5/2008/2009 A4 dated 21.05.2009 received on 17.06.2009 and quash the same as arbitrary and illegal thereby raising the attachment and the payment out to the 1st respondent from the petitioner's bank accounts with respondents 5 to 8 and consequently issue a Mandamus to the respondents 1 & 2 herein from in any manner taking recovery proceedings for the arrears of Sales Tax pending final adjudication of the demands pending on the file of the 3rd & 4th respondent herein.

For Petitioner : No appearance For Respondents 1 to 4 : Mrs.Dhanamadhri For Respondents 5 to 8 : No appearance

O R D E R

When the matter was listed on 24.06.2019, there was no representation for the petitioner. Hence, the matter came to be listed today, under the caption 'for dismissal'. Even today, there is no representation for the petitioner. Hence, the Writ Petition is dismissed for default. No costs. Consequently, connected Miscellaneous Petitions are also closed. Sd/- Assistant Registrar(CS-IV) //True copy// Sub Assistant Registrar kan

To 1.The Assistant Commissioner Commercial Taxes (FAC) Omallur Salem District.

2.The Secretary to Government Commercial Taxes Department Government of Tamil Nadu Chennai.

3.The Joint Commissioner Commercial Taxes Department Government of Tamil Nadu Salem.

4.The Additional Commissioner of Sales Tax Commercial Taxes Department Chennai.

5.The Branch Manager HDFC Bank No.759 ITC Centre Anna Salai, Chennai - 600002 6.The Branch Manager State Bank of India 7.The Branch Manager Karur Vysa Bank 8.The Branch Manager Indian Bank +1cc to Government Pleader SR.No.60881 W.P.No.11228 of 2009 and M.P.Nos.1 & 2 of 2009 PP(CO) GMY(26/08/2019)