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Madras High CourtWP/37395/2015allowed

Bismillah Industrial Steel v. The State Of Tamil Nadu,

2017-02-06Honourable The Chief Justice,Honourable Mr Justice M. Sundar2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 06.02.2017 CORAM :

The Hon'ble MR.SANJAY KISHAN KAUL, CHIEF JUSTICE AND The Hon'ble MR.JUSTICE M.SUNDAR W.P.No.37395 of 2015 and M.P.No.1 of 2015 Bismillah Industrial Steel Suppliers, rep. by its Partner S.Khaleelullah, 618 & 619, MTH Road, Mannurpet, Chennai-600 050.

... Petitioner -VsThe State of Tamil Nadu, rep. by its Tahsildar, Ambattur, Chennai.

... Respondent Writ Petition filed under Article 226 of the Constitution of India praying for issue of Writ of Certiorari calling for the records from the respondent relating to the notices dt. 19.11.2015 bearing reference No.Na.Ka.12/2015/A1 and quash the same as illegal, malafide, arbitrary, violation of Principles of Natural Justice and without jurisdiction.

For Petitioner :

Mr.N.G.R.Prasad for M/s.Row and Reddy For Respondents :

Mr.R.Vijayakumar Additional Government Pleader

ORDER

(Order of the Court was made by The Hon'ble Chief Justice) On hearing the learned counsel for parties, the learned Additional Government Pleader is unable to defend the impugned notice dated 19.11.2015, as it is not even clear under what authority of law this notice has been issued. https://hcservices.ecourts.gov.in/hcservices/

2. In view of the aforesaid, the impugned notice is quashed and in case, the respondent is of the view that some statutory notice has to be issued, the same must specify the provision under which the power has been exercised.

3. The writ petition is allowed, leaving the parties to bear their own costs. Consequently, M.P.No.1 of 2015 is closed. Sd/- Assistant Registrar(CS V) //True Copy// Sub Assistant Registrar bbr To The Tahsildar, Ambattur, Chennai.

+1cc to M/s.Row and Reddy, Advocate, S.R.No.7548 +1cc to the Government Pleader, S.R.No.7490 W.P.No.37395 of 2015 VSN(CO) CA(14/02/2017) https://hcservices.ecourts.gov.in/hcservices/