Southern India Bearing Distrib v. The Special Commissioner And

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 23.6.2016

CORAM

THE HONOURABLE MR.JUSTICE T.S.SIVAGNANAM W.P.No.30697 of 2004 Southern India Bearing Distributors'

Association, 309, Thambu Chetty Street, Chennai-600 001 rep.by its Secretary Mr.Deepak Kapoor ... Petitioner vs.

1.The Special Commissioner and Commissioner of Commercial Taxes, Ezhilagam, Chepauk, Chennai-5.

2.The State of Tamil Nadu, rep.by the Secretary to Government, Department of Commercial Taxes and Religious Endowments Fort St.George, Chennai-9 ... Respondents Petition filed under Article 226 of the Constitution of India praying for issuance of a writ of certiorari, to call for the records and quash the proceedings of the first respondent herein in K.Dis Act Cell.I/1407/2001 dated 01.02.2001 confirmed in Lr.No.K.Dis.Acts.Cell.I/47980/2001 dated 05.11.2001. For Petitioner : Mr.S.Raveekumar For Respondents : Mrs.S.Kanmani Annamalai,A.G.P.

ORDER

Heard Mr.S.Raveekumar, learned counsel for the petitioner and Mr.S.Kanmani Annamalai, learned Additional Government Pleader, for the respondents.

2. The learned counsel for the petitioner submitted that this writ petition is filed challenging the impugned proceedings of the first respondent. Though the petitioner had originally filed a Original Petition before the Special Tribunal, challenging the very same clarification, since the https://hcservices.ecourts.gov.in/hcservices/

Special Tribunal was not functioning, the present writ petition is filed before this Court. The learned counsel further submitted that during the pendency of this writ petition, since the Special Tribunal having been abolished, the Original Petition was transferred to this Court and re-numbered as W.P.No.35342 of 2005 and the same was allowed by this Court, vide order dated 04.12.2007.

3. In the light of the above, since the impugned order has already been set aside, the question of once again setting aside the same does not arise. In the light of the subsequent development, this writ petition is closed. No costs. Connected miscellaneous petition is closed.

Sd/- Assistant Registrar(CS VI) //True Copy// Sub Assistant Registrar To 1.The Special Commissioner and Commissioner of Commercial Taxes, Ezhilagam, Chepauk, Chennai-5.

2.The Secretary to Government, Department of Commercial Taxes and Religious Endowments Fort St.George, Chennai-9.

+1cc to the Special Government Pleader Sr.35496 +1cc to Mr.R.Subramaniam, Advocate sr.35463 W.P.No.30697 of 2004 lrs[co] srg 22/07/2016 https://hcservices.ecourts.gov.in/hcservices/