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Madras High CourtWP/37174/2024disposed of

Ratnavel v. The Assistant Commissioner (St),

2024-12-20Honourable Mr Justice Mohammed Shaffiq4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 20.12.2024

CORAM

THE HONOURABLE MR.JUSTICE MOHAMMED SHAFFIQ and W.M.P. Nos.40169 and 40172 of 2024 Mr.Ratnavel Proprietor of M/s.Chennai Bag works, No.2/56, Ganapathi Nagar Extn, Ekkaduthangal, Chennai-600 032.

... Petitioner Vs.

The Assistant Commissioner (ST), Ekaduthangal Assessment Circle, Nandanam, Chennai-600 035.

... Respondent PRAYER: Writ Petition filed under Article 226 of the Constitution of India, praying to issue a Writ of Certiorarified Mandamus calling for the records of the respondent in order reference no.ZD3308242377827 dated 27.08.2024, set aside the same, direct the respondent to adjudicate the issue in the light of the mistaken SCN sent to the petitioner and by considering the reply filed in DRC-06 in ARN No.ZD330824214093P dated 23.08.2024 and taxes paid in DRC 03 dated 11.01.2021.

For Petitioner : Mr.R.Swarnavel 1/4

For Respondent : Mr.V.Prashanth Kiran Government Advocate

ORDER

After submitting for a brief while, the learned counsel for the petitioner seeks liberty to file a rectification petition. According to the learned counsel for the petitioner, the order suffers from error apparent on the face of the record including failure to take into account taxes already paid.

2. The above submission of the learned counsel for the petitioner was not objected to by the learned Government Advocate for the respondent.

3. Recording the submission of the learned counsels for the petitioner and the respondent, the writ petition stands disposed of with liberty to the petitioner to file a rectification petition within a period of two weeks from the date of receipt of a copy of this order. If any such rectification petition is filed within the stipulated period, the same would be considered and orders would be passed by the Respondent in accordance with law after providing the petitioner a reasonable opportunity. Recovery proceedings shall be kept in abeyance until the disposal of the rectification petition.

4. The writ petition stands disposed of. No costs. Consequently, the 2/4

connected miscellaneous petitions are closed. 20.12.2024 Speaking (or) Non Speaking Order Index : Yes/ No mka To:

The Assistant Commissioner (ST), Ekaduthangal Assessment Circle, Nandanam, Chennai-600 035.

3/4

MOHAMMED SHAFFIQ, J.

mka 20.12.2024 (2/2) 4/4