Geetha Kannan v. Joint Commssioner (St) Systems

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 15-07-2019

CORAM

THE HON'BLE MR.JUSTICE M.SUNDAR W.P.No.8968 of 2019 Geetha Kannan ..

Petitioner ..Vs..

1.Joint Commissioner (ST) Systems, No.1, Greams Road, Chennai-600 006.

2.Assistant Commissioner (ST), Alwarpet Assessment Circle, No.46, Greenways Road, Chennai-600 028.

3.The Principal Commissioner of GST and Central Excise, GST Bhawan, 26/1, Mahatma Gandhi Road, Chennai-600 034.

(R-3 impleaded vide order of this Court dated 26.3.2019 made in Memo in W.P.

No.8968 of 2019) .. Respondents Prayer:

Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus for a direction to the first respondent to dispose of the representation dated 3.1.2019 submitted by the petitioner Chartered Accountant to process the GST TRAN credit amounting to Rs.11,75,888/-.

For Petitioner : Mr.N.Murali For Respondents : Mr.V.Haribabu, Additional Government Pleader.

O R D E R

Mr.N.Murali learned counsel on record for writ petitioner and Mr.Haribabu, learned Additional Government Pleader for respondents, are before this Court.

2. Writ petition is with a prayer for Mandamus qua representation dated 3.1.2019 given by the writ petitioner.

3. Pending writ petition, first respondent, namely, Joint Commissioner (Computer Systems) of the Commercial Taxes Department has disposed writ petitioner's representation dated 3.1.2019.

4. In the light of the abovesaid developments, learned counsel seeks permission to withdraw this writ petition albeit with liberty to assail the aforesaid order of the first respondent.

5. Learned counsel has made an endorsement in the case file, which reads as under:

'The petitioner may be permitted to withdraw the writ petition as the first respondent pending the writ petition issued the proceedings dated 20.6.2019 and thereby the prayer in the writ petition become infructuous.

The petitioner may be permitted to challenge the proceedings dated 20.6.2019 and liberty may be granted to the petitioner.

Sd/- .. ..

15.07.2019.

Counsel for petitioner' '

6. Aforesaid endorsement is reiterated in the hearing.

7. Writ petitioner counsel is permitted to withdraw instant writ petition preserving the rights of writ petitioner to assail the aforesaid order dated 20.6.2019 made by first respondent.

8. Writ petition is dismissed as withdrawn albeit preserving rights of the writ petitioner in the aforesaid order. However, there shall be no order as to costs. Sd/- Assistant Registrar(CS V) //True Copy// Sub Assistant Registrar

Svn To 1.Joint Commissioner (ST) Systems, No.1, Greams Road, Chennai-600 006.

2.Assistant Commissioner (ST), Alwarpet Assessment Circle, No.46, Greenways Road,\ Chennai-600 028.

3.The Principal Commissioner of GST and Central Excise, GST Bhawan, 26/1, Mahatma Gandhi Road, Chennai-600 034.

+1cc to Mr.N.Murali, Advocate sr.60418 +1cc to Special Government Pleader(T) sr.60096 WP 8968 of 2019 mp(co) nr 04/09/2019