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Madras High CourtWMP/33047/2022disposed of

Eswaran Brothers India Private Ltd v. The Assistant Commissioner (St) (Fac)

2022-12-15Honourable Mr Justice M. Sundar2 pages

W.M.P.No.33047 of 2022 in W.P.No.33593 of 2022 W.M.P.No.33047 of 2022 in W.P.No.33593 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 a 'notice dated 25.11.2022 bearing reference No.33291026289/2022/A4 issued by the lone respondent' [hereinafter 'impugned notice' for the sake of convenience and clarity].

3. Mr.Adithya Reddy, learned counsel on record for writ petitioner is before this Court.

4. Unfortunately, there is no averments in the support affidavit (writ affidavit) regarding dispense with prayer.

5. Faced with the above situation, learned counsel, on instructions, submits in the hearing that the original impugned notice has been misplaced and a photocopy has been filed.

Page Nos.1/2 https://www.mhc.tn.gov.in/judis

W.M.P.No.33047 of 2022 in W.P.No.33593 of 2022 M.SUNDAR, J., mk

6. In the days to come, such dispense with prayers without supporting averments may invite negative orders from this Court. Therefore, this order will not serve as a precedent in cases of this nature.

7. Considering the facts and circumstances and nature of relief sought for, as a one-off matter, in the case on hand reason for dispense with as articulated by the learned counsel for writ petitioner in the hearing is accepted. Captioned WMP is ordered as prayed for. There shall be no order as to costs.

15.12.2022 (1/2) mk W.M.P.No.33047 of 2022 in W.P.No.33593 of 2022 Page Nos.2/2 https://www.mhc.tn.gov.in/judis