Madras High CourtWA(MD)/1606/2021dismissed

The District Collector v. P. Chithambara Vadivoo

2025-04-04Honourable Mr Justice G.R.Swaminathan,Honourable Mr.Justice M.Jothiraman4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 04.04.2025

CORAM

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN AND THE HONOURABLE MR.JUSTICE M.JOTHIRAMAN W.A(MD)No.1606 of 2021 and C.M.P(MD)No.6851 of 2021 1.The District Collector, Kanyakumari District.

2.The Commissioner of Income Tax, Madurai.

3.The Income Tax Officer, Ward - 1, Nagercoil, Kanyakumari District.

4.The Block Development Officer (B.Pt), Rajakkamangalam, Kanyakumari District.

5.The Block Development Officer (V.Pt), Rajakkamangalam Panchayat Union, Rajakkamangalam, Kanyakumari District.

... Appellants / Petitioners Vs.

P.ChithambaraVadivoo ... Respondent / Respondent 1/4

Prayer: Writ Appeal filed under Clause 15 of Letters Patent to set aside the order dated 18.11.2020 made in W.P(MD)No.16161 of 2020 and allow the Writ Appeal.

For Appellants : Mr.R.Suresh Kumar Additional Government Pleader for R.1, R.4 & R.5 Mr.J.Parekhkumar for R.2 & R.3 For Respondent : Mr.S.R.Sathan Boopathy

JUDGMENT

(Judgment of the Court was made by G.R.Swaminathan J.) Heard both sides.

2.Paragraph 8 of the order passed by the learned single Judge reads as follows:

"8. For the foregoing reasons, this Court directs the first respondent to consider the petitioner's representation, dated 19.06.2020 requesting him to take legal action against the fourth respondent for not e-filing the tax returns for the period 2012-13 and 2013-14 and if it is found that the sum of Rs.12,662/- was wrongfully deducted towards income tax from the petitioner's bills, 2/4

the first respondent is directed to refund the said amount to the petitioner and pass final orders on merits and in accordance with law within a period of eight(08) weeks from the date of receipt of a copy of this order." Nothing has been said on merits. We fail to understand as to why this Appeal has been filed against such an order.

3.This Writ Appeal stands dismissed. No costs. Consequently, connected miscellaneous petition is closed.

[G.R.S., J.] [M.J.R., J.] 04.04.2025 NCC : Yes / No Index : Yes / No Internet : Yes/ No MGA 3/4

G.R.SWAMINATHAN,J.

AND M.JOTHIRAMAN , J.

MGA W.A(MD)No.1606 of 2021 04.04.2025 4/4