K.C.Jothinathan v. The State Tax Officer (Fac)
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 02.01.2023
CORAM
THE HONOURABLE MR.JUSTICE M.SUNDAR and W.M.P.No.34282 of 2022 K.C.Jothinathan .. Petitioner Vs The State Tax Officer (FAC) Office of the Asst. Commissioner (ST), Dharmapuri.
.. Respondent Writ petition filed under Article 226 of the Constitution of India praying to issue a writ of certiorarified mandamus calling for the records relating to the demand notice dated 12.11.2022 issued by the respondent, quash the same and consequently direct the respondent to refund the sum of Rs.85,552/- paid by the petitioner towards penalty.
For Petitioner :
Mr.K.Venkatesan For Respondent :
Ms.Amirta Dinakaran Government Advocate (Tax) 1/5
ORDER
When the matter was taken up, Mr.K.Venkatesan, learned counsel on record for writ petitioner submits that he realises that certain inadvertent errors have crept into in the said writ petition. Learned counsel seeks leave of this Court to withdraw the captioned writ petition but makes a plea to preserve the rights of the writ petitioner for filing a fresh writ petition on the same cause of action. As the reason given by the learned counsel is acceptable, his request is acceded to.
2.
Learned counsel on record has made an endorsement in the case file and a scanned reproduction of the same is as follows:
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3.
The aforementioned endorsement is reiterated in the hearing.
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4.
Sequiter is, captioned writ petition is disposed of as withdrawn/closed albeit preserving all the rights and contentions of the writ petitioner to file another writ petition on the same cause of action raising the same point. Consequently, captioned WMP is disposed of as closed. There shall be no order as to costs. 5.
Registry to return the original of the impugned order forthwith to the counsel on record for the writ petitioner (under due acknowledgement).
02.01.2023 Index : Yes/No mmi To The State Tax Officer (FAC) Office of the Asst. Commissioner (ST), Dharmapuri.
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M.SUNDAR,J., mmi 02.01.2023 5/5