Sun Enterprises, v. The Commissioner Of
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 22.09.2015 CORAM :
THE HONOURABLE MR.JUSTICE R.SUDHAKAR and THE HONOURABLE MS.JUSTICE V.M.VELUMANI Writ Appeal(MD) No.988 of 2015 and MP(MD)NO.1 OF 2015 SUN ENTERPRISES, represented by its Proprietor, S.Syed Hakkim, R.S.97, Vivekananda Nagar, Chambakulam, Surveyor Colony, Madurai.
... Appellant Vs.
1.The Commissioner of Commercial Taxes, O/o.The Principal and Special Commissioner of Commercial Taxes, Ezhilagam, Chepauk, Chennai 5.
2.The Joint Commissioner of Commercial Taxes, Madurai Division, Commercial Taxes Complex, Dr. Thangaraj Road, Madurai.
3.The Joint Commissioner of Commercial Taxes, Enforcement, Commercial Taxes Complex, Dr. Thangaraj Road, Madurai.
4.Ka.Nagarajan, The Commercial Tax Officer, Tallakulam Assessment Circle, Commercial Taxes Complex, Dr.Thangaraj Road, Madurai.
5.The Commercial Tax Officer, Enforcement Group III, Commercial Taxes Complex, Dr.Thangaraj Road, Madurai.
... Respondents Writ Appeal is filed under Clause 15 of the Letters Patent against the order dated 15.07.2014 made in W.P(MD)No.941 of 2013. Prayer in WP(MD). 941/ 2013 :
Writ Petition is filed under Article 226 of the Constitution of India, praying this Court To issue a Writ of Mandamus, directing the
Respondents 1 to 3 to order for deferring the verification and enquiry of the 5th Respondent based on summons dated 22.11.2012 and 10.12.2012 till the enquiry by the 1st Respondent on complaint against 4th Respondent and alleged false records and pass such further or other orders. For Appellant : Mr.B.Rooban For Respondents : Mr.Raja Karthikeyan, Additional Government Pleader.
JUDGMENT
(Judgment of the Court was delivered by R.SUDHAKAR,J) This writ appeal is directed against the order passed by the learned single Judge in W.P(MD)No.941 of 2013, dated 15.07.2014. 2.Learned counsel for the appellant has not even chosen to file writ petition affidavit and the counter affidavit which is recorded by the learned single Judge. Hence, we are unable to pursue the matter on merits for want of necessary papers.
3.Accordingly, the writ appeal is dismissed. No costs. Consequently, M.P(MD)No.1 of 2015 is closed.
4.The writ appeal has been filed without a copy of the affidavit filed in support of the writ petition. The counter affidavit filed by the respondents has also not been filed. Registry is directed to call for explanation from all persons concerned as to how the writ appeal has been numbered.
Sd/- Assistant Registrar CO /TURE COPY/ Sub Assistant Registrar sms To 1.The Commissioner of Commercial Taxes, O/o.The Principal and Special Commissioner of Commercial Taxes, Ezhilagam, Chepauk, Chennai 5.
2.The Joint Commissioner of Commercial Taxes, Madurai Division, Commercial Taxes Complex, Dr. Thangaraj Road, Madurai.
3.The Joint Commissioner of Commercial Taxes, Enforcement, Commercial Taxes Complex, Dr. Thangaraj Road, Madurai.
4.Ka.Nagarajan, The Commercial Tax Officer, Tallakulam Assessment Circle, Commercial Taxes Complex, Dr.Thangaraj Road, Madurai.
5.The Commercial Tax Officer, Enforcement Group III, Commercial Taxes Complex, Dr.Thangaraj Road, Madurai.
COPY TO:
THE REGISTRAR (JUDICIAL) MADURAI BENCH OF MADRAS HIGH COURT, MADURAI JAM/ AMF /09.10.2015/ 3P-7C Writ Appeal(MD) No.988 of 2015 22.09.2015