Madras High CourtWA(MD)/472/2019dismissed as withdrawal

M/S.Arasan Syntax Ltd., v. The Appellate Authority/

2019-04-11Honourable Mr Justice K. Kalyanasundaram,Honourable Mrs Justice R. Tharani2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 11.04.2019

CORAM:

THE HONOURABLE MR.JUSTICE K.KALYANASUNDARAM AND THE HONOURABLE MRS.JUSTICE R.THARANI W.A(MD)NO.472 OF 2019 and C.M.P(MD)No.3964 of 2019 M/s.Arasan Syntex Limited, Eppodumvendran, Thoothukudi District, through its Director, D.Senthilvel.

:Appellant/Petitioner .vs.

1.The Appellate Authority/Deputy Commissioner, Sales Tax(ST)(FAC), Tirunelveli.

2.The State Tax Officer, Ettayapuram, Tirunelveli District.

: Respondents/Respondents PRAYER: Writ Appeal filed under Clause 15 of the Letters Patent praying this Court to set aside the order passed by this Court in W.P(MD)No.3448 of 2019, dated 15.02.2019.

Prayer in WP(MD).3448 of 2019 :

Writ Petition is filed under Article 226 of the Constitution of India, praying this Court To issue a Writ of Certiorarified Mandamus, calling for the records pertaining to the impugned order passed by the 1st respondent in CST S.P.No.83/18 in CST A.P.No.C/25/18, dated 18.01.2019 in so far as it imposes onerous condition, and quash the same and consequently direct the 1st respondent to expeditiously dispose of the Appeal filed by the petitioner in CST A.P.No.C/25/18.

For Appellant :Mr.G.Mohankumar

JUDGMENT

************* [Judgment of the Court was made by K.KALYANASUNDARAM,J.] The learned counsel for the appellant seeks permission of this Court to withdraw this Writ Appeal and has also made an endorsement to that effect.

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2.In view of the same, the Writ Appeal is dismissed as withdrawn, with liberty to the appellant to file a Review Application before the learned Single Judge and the period in pursuing this appeal is excluded from calculating limitation for filing Review Petition. No costs. Consequently, connected Civil Miscellaneous Petition is dismissed.

Sd/- Assistant Registrar(Writs) // True Copy // Sub Assistant Registrar(CS ) To 1.The Appellate Authority/Deputy Commissioner, Sales Tax(ST)(FAC), Tirunelveli.

2.The State Tax Officer, Ettayapuram, Tirunelveli District.

Copy to : The Section Officer, VR Section, Madurai Bench of Madras High Court, Madurai. (2 copies) +1 CC to M/s.G.MOHAN KUMAR, Advocate in SR-60661 W.A(MD)NO.472 OF 2019 and C.M.P(MD)No.3964 of 2019 11.04.2019 vsn PK/27.04.2019 : 2P/6C https://hcservices.ecourts.gov.in/hcservices/