Santha Spinning Mills P Ltd., v. The State Of Tamil Nadu

W.P.Nos.24996, 28039, 28043, 28046, 12149, 26523, 28937, 26779, 28930, 21170, 28042 of 2019; 18810, 1185, 17359 of 2018; 9114 of 2020 and W.P.(MD) No.5158 of 2018 THE HON'BLE CHIEF JUSTICE and SENTHILKUMAR RAMAMOORTHY, J.

(Order of the Court was made by The Hon'ble Chief Justice) These matters pertain to a challenge to the notification issued under the Finance Act, 1994.

2. An initial interim order was issued on September 19, 2019 which may have lapsed. However, since the matter has not been taken up because of the present restricted form of functioning in Court, the interim order is revived and continued till the disposal of the petitions.

3. Though the GST authorities have filed the counter-affidavits in one or more matters, the Union which ought to indicate its position has not filed any counter-affidavit. The Union is represented in one of the matters today.

4. The petitioners in W.P.No.1185 and 17359 of 2018 seek to amend the writ petitions and raise additional grounds. The relevant petitions, W.P.Nos.1185 and 17359 of 2018, are permitted to be amended by incorporating new grounds and pleadings. Accordingly, W.M.P.Nos.34643 and 34653 of 2018 are allowed.

5. Copies of the amended petitions should be filed by March 29, 2021 and forwarded to all the respondents. Copies of such amended petitions should be reached to the office of the Additional SolicitorGeneral along with a copy of this order for the Union to file its counteraffidavit within four weeks of the receipt of the amended petitions.

6. It will also be open to the other respondents to file additional counter-affidavits upon receiving copies of the amended petitions.

7. The Registry is directed to print the name of Mr.S.Rajasekar, in the place of Mr.A.N.R.Jayaprathap, learned counsel for the petitioners in W.P.Nos.24996, 28046, 28039, 28042 and 28043 of 2019.

8. These matters will appear on 22.06.2021.

(S.B., CJ.) (S.K.R.,J.) 23.03.2021 bbr

THE HON'BLE CHIEF JUSTICE and SENTHILKUMAR RAMAMOORTHY, J.

bbr W.P.No.24996 of 2019 etc. batch 23.03.2021