← Library
Madras High CourtWP/12313/2017disposed of

Tvl.Proventus Life Science Pvt v. The Commercial Tax Officer

2017-05-10Honourable Mr Justice K. Kalyanasundaram2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 10.05.2017

CORAM

THE HONOURABLE MR.JUSTICE K.KALYANASUNDARAM W.P.No.12313 of 2017 & W.M.P.No.13084 of 2017 Tvl. Proventus Life Science Pvt. Ltd., rep. by its Director Mr.Manoj Kumar Bhaiya, No.30, Maddox Street, Choolai, Chennai 600 112.

... Petitioner vs.

The Commercial Tax Officer, Vepery Assessment Circle, No.10, Greams Road, Chennai 600 006.

... Respondent Prayer:

This writ petition filed under Article 226 of the Constitution of India to issue a Writ of Certiorari calling for the records on the files of the respondent in CST.No.653281/2012-13, dated 18.01.2017 and connected rejection order in CST.No.653281/2012-13, dated 22.03.2017 and quash the same as illegal, invalid, without jurisdiction and violated the Principles of natural justice.

For Petitioner :Mr.D.Vijayakumar For Respondent :Mr.S.Kanmani Annamalai, Additional Government Pleader

O R D E R

This writ petition has been filed seeking a Writ of Certiorari to call for the records on the file of the respondent and to quash the same.

2. Mr.D.Vijayakumar, learned counsel appearing for the petitioner would submit that the respondent has passed the impugned order without providing personal hearing and on that ground alone, the order is liable to be set aside. Learned https://hcservices.ecourts.gov.in/hcservices/

counsel has relied upon the judgement of this Court reported in (2010) 33 VST 333.

3. Mr.Kanmani Annamalai, learned counsel appearing for the respondent would fairly submit that the impugned order can be set aside, as it is being passed against the Principles of natural justice.

4. In view of the above submission, this Court, without going into the merits of the case, set aside the order of the respondent impugned in the writ petition and remit the case to the respondent to pass orders afresh after providing personal hearing to the petitioner. Such exercise shall be done within a period of six weeks, from the date of receipt of a copy of this order.

5.This writ petition is disposed of.

No costs.

Consequently, connected miscellaneous petition is also closed. Sd/- Assistant Registrar //True Copy// Sub Assistant Registrar smi To The Commercial Tax Officer, Vepery Assessment Circle, No.10, Greams Road, Chennai 600 006.

+1cc to M/S.D.Vijayakumar, Advocate Sr.37086 +1cc to the Special Government Pleader Sr.37274 W.P.No.12313 of 2017 mp[co] srg 24/05/2017 https://hcservices.ecourts.gov.in/hcservices/