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Madras High CourtWP/6936/2016disposed of

M/S.J.S.Enterprises, v. The Commercial Tax Officer,

2016-02-25Honourable Mr Justice M.Duraiswamy2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 25.02.2016

CORAM

THE HONOURABLE Mr. JUSTICE M.DURAISWAMY W.P.No.6936 of 2016 & W.M.P.No.6158 of 2016 M/s.J.S.Enterprises Rep.by its Proprietor No.488/A-21 144/484, Jinnah Road Khaderpet Vaniyambadi-635 751.

Vellore District.

.. Petitioner v.

The Commercial Tax Officer(FAC) Vaniyambadi Assessment Circle Vellore District.

.. Respondent Writ Petition filed under Article 226 of the Constitution of India to issue a Writ of mandamus to direct the respondent to consider the representation filed by the petitioner dated 10.08.2015 and to intimate the other assessing authorities of the circles in which the six dealers who had used the bills which are in the name of the petitioner and having the same TIN number by obtaining bills from bill traders after providing an opportunity of personal hearing to the petitioner. For Petitioner : Mr.C.Baktha Siromoni For Respondent : Mr.Manoharan Sundaram Addl. Govt. Pleader

ORDER

The petitioner has filed the above writ petition to issue a Writ of Mandamus to direct the respondent to consider his representation dated 10.08.2015 and to intimate the other assessing authorities of the circles, in which six dealers, who had used the bills which are in the name of the petitioner and having the same TIN number by obtaining bills from bill traders, after providing an opportunity of personal hearing to them.

2. Mr.Manoharan Sundaram learned Additional Government Pleader, takes notice for the respondent and submitted that the respondent may be directed to consider the petitioner's representation dated 10.08.2015, on merits and in accordance with law, within a stipulated time.

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3. Having regard to the submissions made by the learned counsel on either side and also taking into consideration the limited prayer sought for in the writ petition, without expressing any opinion with regard to the merits of the case, I direct the respondent to consider the petitioner's representation dated 10.08.2015 and pass orders, on merits and in accordance with law, within a period of eight weeks from the date of receipt of a copy of this order. With this observation, the writ petition is disposed of. No costs. Consequently, connected miscellaneous petition is closed.

Sd/- Assistant Registrar(AS) //True Copy// Sub Assistant Registrar Rj To The Commercial Tax Officer(FAC) Vaniyambadi Assessment Circle Vellore District.

+1cc to Mr.C. Baktha Siromoni, Advocate, S.R.No.11950 +1cc to the Government Pleader, S.R.No.11968 SVI(CO) EU(09/03/201 W.P.No.6936 of 2016 & W.M.P.No.6158 of 2016 https://hcservices.ecourts.gov.in/hcservices/