The Commercial Of Tax Officer v. M/S. A To Z Metals

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 11.01.2023

CORAM:

THE HONOURABLE MR.JUSTICE S.VAIDYANATHAN AND THE HONOURABLE MR.JUSTICE MOHAMMED SHAFFIQ The Commercial Tax Officer, Harbour Assessment Circle, Chennai.

... Appellant -vsM/s.A to Z Metals rep. by its Proprietor, Old No.220/4, New No.202/4, Linghi Chetty Street, Chenni-01.

... Respondent Prayer: Writ Appeal filed under Clause 15 of Letter Patent to set aside the order dated 04.08.2016 passed in W.P.No.13296/2014 and allow the Writ Appeal. For Appellant : Mr.M.Venkateswaran, Spl.G.P. For Respondent : ...

J U D G M E N T

Learned Special Government Pleader appearing for the appellant sought for permission of this Court to withdraw the present Writ Appeal and he has also filed a Memo of Withdrawal of the Writ Appeal dated 06.01.2023 to that effect. 1/4

2.

In this regard, it is relevant to extract the Memo of Withdrawal of the Writ Appeal here under:

''1. The above Writ Appeal was filed by the Department against the orders passed in W.P.No.13296 of 2014 dated 04.08.2016 without full set of papers viz. 2nd set of papers, stay affidavit and petition, delay affidavit and petition, dispense with affidavit and petition, synopsis, delay in representation, batta, dates and events, typed set, coding sheet, verified petition etc. and the same was returned by the Registry vide W.A.S.R.No.3559 of 2017. In the meantime, the orders passed in W.P.No.13296 of 2014 has been accepted by the Appellant/covered under litigation policy. Therefore, the Department has not represented the Writ Appeal within the time stipulated by the Registry. 2.

Now, we have filed memo of withdrawal of the above Writ Appeal before the Registry for permission to withdraw along with memorandum of grounds of Writ Appeal, delay affidavit and petition, delay in representation affidavit and petition, impugned order and memo of appearance.

Hence, it is prayed that this Hon'ble Court may be pleased to direct the Registry to number the above Writ Appeal and thereby render justice.'' 2/4

3.

Recording the same, permission is granted to the learned Special government Pleader for the appellant to withdraw the above Writ Appeal. Accordingly, the Writ Appeal is dismissed as withdrawn. No costs. [S.V.N., J.] [M.S.Q., J.] 11.01.2023 Index: Yes / No Internet: Yes / No tsi 3/4

S. VAIDYANATHAN, J.

and MOHAMMED SHAFFIQ, J.

tsi 11.01.2023 4/4