M/S.Path Finder India, v. Assistant Commissioner (State Tax), (Fac)
in W.P.No.34963 of 2022 M.SUNDAR, J., This order will now dispose of the captioned 'Writ Miscellaneous Petition' ['WMP'].
2. Captioned WMP has been filed with a prayer to dispense with production of original of an 'order dated 30.09.2022 bearing reference RC.No.33AAIFP0890R1ZN/A3/2022' [hereinafter 'impugned order' for the sake of convenience and clarity].
3. Mr.M.Abdul Razack, learned counsel on record for writ petitioner is before this Court.
4. Learned counsel for writ petitioner adverting to the support affidavit submitted that the petitioner was served with copy of the impugned order along with consequential notice of the second respondent on 08.11.2022. Learned counsel drew the attention of this Page Nos.1/3
Court to relevant Paragraph of the support affidavit, which reads as follows:
'The impugned order RC No.33AAIFP0890R1Z1/A3/2022 dated 30.09.2022 was issued to the 2nd respondent without marking a copy to the petitioner and the petitioner was served the said copy of the impugned order along with consequential notice of the 2nd respondent on 08.11.2022. Therefore, the petitioner could not produce the original impugned order issued by the 1st respondent. Therefore, it is just necessary to dispense with the production of the original impugned order RC No.33AAIFP0890R1Z1/A3/2022 dated 30.09.2022 and permit the petitioner to file the above writ petition.'
5. The above reason qua dispense with prayer in captioned WMP is acceptable.
6. In the light of the narrative thus far, captioned WMP is ordered as prayed for. There shall be no order as to costs. 03.01.2023 (1/2) mk Page Nos.2/3
M.SUNDAR, J., mk in W.P.No.34963 of 2022 03.01.2023 (1/2) Page Nos.3/3