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Madras High CourtWP/33194/2019closed

M/S.Sri Venkatramanaswamy Blue Metals v. The State Of Tamil Nadu

2020-02-13Honourable Dr Justice Anita Sumanth2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 13.02.2020

CORAM

THE HONOURABLE DR. JUSTICE ANITA SUMANTH Writ Petition Nos.33194 of 2019 M/s. Sri Venkataramanaswamy Blue Metals, Represented by its Managing Partner Mr.M.Sivanandam

...Petitioner

--Vs-- 1.The State of Tamil Nadu Represented by the Secretary to Government Commercial Taxes Department, Fort St. George, Chennai- 600 001 2.The Principal Commissioner & Commissioner of Commercial Taxes, Ezhilagam-Chepauk, Chennai-600 005 3.The Assistant Commissioner (ST) Karur South Assessment Circle, Karur 4.The Joint Commissioner (ST) Computer Cell, PAPJM Building, Greams Road, Chennai-600 006

...Respondents

PRAYER: PETITIONs filed under Article 226 of the Constitution of India praying for the issuance of Writ of Mandamus, directing the respondents to include "High Speed Diesel Oil" in the CST certificate of registration of the petitioner as an item eligible for purchase in their mining and generation or distribution of electricity and to issue C "forms under the Central Sales Tax act, 1956 r.w. the Central Sales Tax (Registration and Turnover) Rules, 1957 to the petitioner for the purchase of High Speed Diesel from the suppliers in other States in view of the recent Judgment dated 26.10.2018 passed by the Hon'ble Madras High Court in the case of M/s.Ramco Cements Ltd. & Others in W.P.Nos.19458/2018 to 19460/2018 and batch of cases and followed in the case of M/s.Tube Investment of India Ltd. in W.P.No.24777 of 2018 by order dated 11.12.2018 .

For Petitioner : Mr.P.Rajkumar For Respondent : Mr.A.N.R.Jeyapratap Government Advocate https://hcservices.ecourts.gov.in/hcservices/

O R D E R

Pursuant to order of this Court dated 21.01.2020, order has been passed by the respondent on 07.02.2020 rejecting the application filed by the petitioner on 29.12.2017. The mandamus sought for in the present writ petition thus stands achieved.

2. The writ petition is closed grating liberty to the petitioner to take appropriate measures as against order dated 07.02.2020, in accordance with law. No costs. Sd/- Assistant Registrar (CS-V) //True Copy// Sub Assistant Registrar ska To 1.The State of Tamil Nadu Represented by the Secretary to Government Commercial Taxes Department, Fort St. George, Chennai- 600 001 2.The Principal Commissioner & Commissioner of Commercial Taxes, Ezhilagam-Chepauk, Chennai-600 005 3.The Assistant Commissioner (ST) Karur South Assessment Circle, Karur 4.The Joint Commissioner (ST) Computer Cell, PAPJM Building, Greams Road, Chennai-600 006 +1cc to Mr.P.Rajkumar, Advocate, S.R.No. 11679 +1cc to the Government Pleader(Taxes), S.R.No. 12909 Writ Petition No.33194 of 2019 KS(CO) GN(17/02/2020) https://hcservices.ecourts.gov.in/hcservices/