M/S Railone Projects Pvt Ltd., v. The Assistant Commissioner(Ct)

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 27.04.2015

CORAM

THE HONOURABLE MR.JUSTICE T.RAJA W.P.No.11293 of 2015 M/s.Railone Projects Private Limited, Rep. By its Director I.Mallikarjuna Rao, No.6/2 (Old No.15/C), Jagantha Nagar, 2nd Main Road, Arumbakkam, Chennai - 600 106.

... Petitioner Vs.

1.The Assistant Commissioner (CT), Vadapalani I Assessment Circle, No.1, Greams Road, PAPJM Buildings, Chennai - 600 006.

2.The Branch Manager, State Bank of India, Industrial Finance Branch, 6-3-1109/1, First Floor, Navbharath Chambers, Somajigunda, Hydrabad - 500 082.

... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India praying to issue writ of certiorari to call for the records of the first respondent in Rc.No.1948/2013/A3, quash the impugned proceedings dated 06.04.2015 and pass such further orders. For Petitioner :Mr.V.Sundareswaran For R1 :Mr.A.N.R.Jayapratap, GA

ORDER

With the consent of both sides, the writ petition is taken up for final disposal.

2. It is the claim of the petitioner that though they have filed a petition dated 10.02.2015, without disposing of the said petition, the first respondent issued the impugned notice dated 06.04.2015.

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3. Mr.A.N.R.Jayapratap, learned Government Advocate, by accepting the notice on behalf of the first respondent, is unable to support the impugned notice.

4. Admittedly, the petitioner has filed a petition dated 10.02.2015 and the same is still pending for consideration. It is also submitted by the both parties that the said petition has been reserved for pronouncing orders, after hearing both parties. In such circumstances, I find that the impugned notice issued by the first respondent is liable to be set aside, as the petition filed against the order dated 19.12.2014 is still pending for consideration. Accordingly, the impugned notice dated 06.04.2015 is set aside. It is open to the first respondent to pass appropriate orders, after the disposal of the petition dated 10.02.2015 filed by the petitioner. With the above direction, the writ petition stands allowed. No Costs. M.P.No.1 of 2015 is closed.

Sd/- Assistant Registrar //True Copy// Sub Assistant Registrar rkm To 1.The Assistant Commissioner (CT), Vadapalani I Assessment Circle, No.1, Greams Road, PAPJM Buildings, Chennai - 600 006.

2.The Branch Manager, State Bank of India, Industrial Finance Branch, 6-3-1109/1, First Floor, Navbharath Chambers, Somajigunda, Hydrabad - 500 082.

+ 1 cc to M/s. V. Sundareswaran, Advocate Sr.24003 W.P.No11293 of 2015 PPA(CO) Eu 08.05.15 https://hcservices.ecourts.gov.in/hcservices/