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Madras High CourtA/2129/2025allowed

The Chief Commissioner Ii v. Arulmigu Bashya Kara Adi Chenna Kesava Perumal Temple

2025-04-25Honourable Mr Justice Senthilkumar Ramamoorthy2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 25.04.2025

CORAM

THE HONOURABLE MR.JUSTICE SENTHILKUMAR RAMAMOORTHY A.No.2129 of 2025 in C.S.No.246 of 2006 and C.S.Nos.292 of 2005 & 11 of 2006 The Chief Commissioner II Income Tax Department, Office Of The Commissioner Of Income Tax, Uthamar Gandhi Salai, Ch-34.

... Applicant -vsArulmigu Bashya Kara Adi Chenna Kesava Perumal Temple Rep.by its Executive Officer, West Mambalam, Chennai 600 033. and 4 Others ... Respondents For Applicant : Mr.T.Ravikumar For Respondents : Mr.C.Sivakumar for R3 & R5 Mr.M.Vijayakumar for R1 **********

ORDER

By this application, the second defendant seeks to set aside order dated 17.02.2003 setting the said defendant ex parte. In the affidavit in support of this application, it is stated that the present suit is connected with 1/2 https://www.mhc.tn.gov.in/judis

SENTHILKUMAR RAMAMOORTHY,J rna C.S.Nos.11 of 2006 & 292 of 2005, wherein relief has been prayed for against the Income Tax Department. The said suits are pending adjudication. It is further stated that the present application could not be filed earlier in view of the continual changes in the officers dealing with the matter.

2. Learned counsel for the plaintiff has no objection to this application being allowed.

3. Upon considering the reason set out in the affidavit in context, sufficient cause is shown. Therefore, order dated 17.02.2003 setting the second defendant ex parte is set aside. The Registry is directed to number and list the application to condone delay in filing the written statement of the second defendant.

4. List the matter on 13.06.2025.

25.04.2025 rna A.No.2129 of 2025 in C.S.No.246 of 2006 and C.S.Nos.292 of 2005 & 11 of 2006 2/2 https://www.mhc.tn.gov.in/judis