Madras High CourtWP/32810/2015disposed of

M/S. Sambandam Siva Textiles v. The Regional Transport Officer

2015-10-14Honourable Mr Justice R. Mahadevan2 pages

In the High Court of Judicature at Madras Dated :: 14.10.2015 Coram ::

THE HON'BLE MR. JUSTICE R. MAHADEVAN Writ Petition No: 32810 of 2015 M/s. Sambandam Siva Textiles (P) Ltd.

rep. by its Direcgtor S.Devarajan Kattuvepilaipatti Seshanchavadi (P.O.) Salem - 636 111.

... Petitioner -vsThe Regional Transport Officer Regional Transport Office Attur, Salem District.

... Respondent .. .. ..

Writ petition under Article 226 of the Constitution of India praying for issuance of a writ of certiorarified mandamus calling for the records relating to the Order No: 24822/A3/2015 dated 13.07.2015 passed by the respondent herein to quash the same and directing the respondent to issue Tax Clearance Certificate upto 30/05/2015 for the Vehicle No: TN-49/J-9747 of the petitioner.

For petitioner :: M/s. T. Padmanabhan For respondents:: Mr. M.S. Ramesh Additional Government Pleader .. .. ..

O R D E R

This writ petition has been filed by the petitioner seeking the relief of issuance of a writ of certiorarified mandamus calling for the records relating to the Order No: 24822/A3/2015 dated 13.07.2015 passed by the respondent herein to quash the same and directing the respondent to issue Tax Clearance Certificate upto 30.5.2015 for the Vehicle No: TN-49/J-9747 of the petitioner.

2. Mr.M.S. Ramesh, learned Additional Government Pleader takes notice for the respondent.

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3. According to the learned counsel appearing for the petitioner, the impugned proceedings is a recovery proceedings in nature. However, the learned Additional Government Pleader submits that it is nothing but a show cause notice for which the petitioner shall file necessary objections.

4. Considering the aforesaid submissions, this writ petition stands disposed by directing the petitioner herein to treat the impugned proceedings as a show cause notice. The petitioner may file its objections within a period of two weeks from the date of receipt of a copy of this order. On such filing, the respondent shall consider the same, afford an opportunity of hearing to the petitioner and pass appropriate orders on merits and in accordance with law. Till such an order is passed, the respondent shall not make any attempt to effect recovery. Connected miscellaneous petition is closed. There shall be no orders as to the costs.

-s/d- Assistant Registrar(CS-V) True Copy Sub-Assistant Registrar To The Regional Transport Officer Regional Transport Office Attur, Salem District.

+ 1 cc to M/s.T.Padmanabhan, Advocate SR 57013 + 1 cc to Govt.Pleader SR 57567 mp(co) prk29/10 W.P. No: 32810 of 2015 14.10.2015 https://hcservices.ecourts.gov.in/hcservices/