Madras High CourtWA(MD)/209/2014dismissed

Hotel Agasthiya Private v. The Principal District Court

2017-06-12Honourable Mr Justice T. S. Sivagnanam,Honourable Mr Justice P. Velmurugan2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED:12.06.2017

CORAM:

THE HONOURABLE MR.JUSTICE T.S.SIVAGNANAM AND THE HONOURABLE MR.JUSTICE P.VELMURUGAN W.A.(MD) No.209 of 2014 & M.P.(MD).No.1 of 2014 Hotel Agasthiya Private Limited, Rep.by its Managing Director, K.Raman, No.14 & 15, North Marret Street, Madurai.

... Appellant/Petitioner/Petitioner vs.

1. The Principal District Court, Madurai.

2. The Taxation Appellate Tribunal, Madurai.

3. Madurai City Municipal Corporation, Rep.by its Commissioner, Madurai.

... Respondents/Respondents/Respondents PRAYER: Writ Appeal is filed under Clause 15 of Letters Patent Act against the order, dated 16.07.2010, made in M.P.(MD)No.2 of 2008 in W.P.(MD).No.5321 of 2008.

Prayer in MP(MD). 2/ 2008 in WP(MD).5321/2008 : Petition filed praying to grant interim Injunction restraining the third respondent herein from collecting or demanding tax at the rate of Rs. 1,11,908/- in respect of the petitioner hotel pending disposal of the writ petition in WP(MD)No.5321 of 2008. Prayer in WP(MD). 5321/ 2008 :

Writ Petition is filed under Article 226 of the Constitution of India, praying this Court to issue a writ of Certiorari, calling for the records relating to the order dated 21/06/2006 in Taxation C.M.A. No. 1/2003 on the file of the first respondent herein confirming and modifying the order dated 28/12/2001 of Tax No. 1506/2000 on the file of the second respondent herein and demand notice dated of the third respondent herein and quash the same.

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For Appellant : Mrs.AL.Ganthimathi

JUDGMENT

[Judgment of the Court was delivered by T.S.SIVAGNANAM,J] Heard Mrs.AL.Ganthimathi, learned counsel appearing for the appellant.

2. This appeal is directed against the interim order granted in M.P(MD)No.2 of 2008 in W.P(MD)No.5321 of 2008, dated 16.07.2010. 3.The learned counsel for the appellant submitted that the main writ petition itself has been disposed of.

4.Recording the submission of the learned counsel for the appellant, the writ appeal is dismissed. No costs. Consequently, connected miscellaneous petition is also closed. Sd/- Assistant Registrar(CS-III) /True Copy/ Sub Assistant Registrar To

1. The Principal District Judge, Madurai.

2. The Presiding Officer, Taxation Appellate Tribunal, Madurai.

3. The Commissioner, Madurai City Municipal Corporation, Madurai.

AM/VAS TE/KKR/SAR-III : 23/06/2017 : 2P/4C W.A.(MD) No.209 of 2014 and M.P.(MD).No.1 of 2014 12.06.2017 https://hcservices.ecourts.gov.in/hcservices/