Tvl. Annamalai Trading v. The Joint Commissioner
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Special Original Jurisdiction ) Friday, the Sixteenth day of October Two Thousand Fifteen PRESENT The Hon`ble Mr.Justice R.SUBBIAH WP(MD) No.18837 of 2015 TVL. ANNAMALAI TRADING COMPANY, REP BY ITS PROPRIETOR, M.STALIN, (39 YRS), S/O. MUTHUSAMY, NO. 3/ 200, MADURAI ROAD, AKAYA NAGAR, KAPPALUR, THIRUMANGALAM, MADRUAI-706 ... PETITIONER Vs 1 THE JOINT COMMISSIONER OF COMMERCIAL TAXES, ENFORCEMENT COMMERCIAL TAXES BUILDING, RESERVE LINE ROAD, PALAYAMKOTTAI THIRUNELVELI- 2 2 THE COMMERCIAL TAX OFFICER, ROVING SQUAD, COMMERCIAL TAXES BUILDINGS, NO. 282-A, NORTH BEACH ROAD, TUTICORIN- 628 001.
3 THE ASSISTANT COMMISSIONER(CT), THIRUPPANKUNDRAM ASSESSEMENT CIRCLE, COMMERCIAL TAXES COMPLEX, DR.THANGARAJ SALAI, MADURAI- 625 020. ... RESPONDENTS Prayer in WP(MD). 18837/ 2015 :
Writ Petition is filed under Article 226 of the Constitution of India, praying this Court To issue a Writ of Certiorarified Mandamus, calling for records pertaining to the impugned proceeding of the 2nd respondent in Goods Detention Notice No. 76/ 2015- 16 dated 05.10.2015 and quash the same and consequently direct the 2nd respondent to immediately release the detained goods.
ORDER : This Writ petition coming on for hearing on this day for reporting compliance and upon perusing the petition and the affidavit filed in support thereof the order of the High Court dated 14.10.2015 in WP(MD).No.18837 of 2015 and upon hearing the arguments of Mr. R.Narayanan, Advocate for the petitioner and of mr.R.Karthikeyan, Additional Government Pleader for the Respondent the court made the following order:- Today this matter has been posted under the caption"For reporting compliance".
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2.When the matter is taken up, the learned counsel for the petitioner submitted that the petitioner approached the second respondent on production of a copy of the order to release the consignment but he refused to receive the order copy stating that the Joint Commissioner of Commercial Taxes has instructed him not to receive the order.
3.The Additional Government Pleader appearing for the respondents denied the said contention of the learned counsel for the petitioner and submitted that the petitioner has produced only a xerox copy of the order and that is the reason why the second respondent asked the petitioner to produce the original copy of the order. However, the second respondent has already passed an order to release the consignment and the same has been despatched to the petitioner through post.
4.The abovesaid submission made by the learned Additional Government Pleader is recorded.
Sd/- Assistant Registrar(CS-II) /True Copy/ Sub Assistant Registrar TO 1 THE JOINT COMMISSIONER OF COMMERCIAL TAXES, ENFORCEMENT COMMERCIAL TAXES BUILDING, RESERVE LINE ROAD, PALAYAMKOTTAI THIRUNELVELI- 2 2 THE COMMERCIAL TAX OFFICER, ROVING SQUAD, COMMERCIAL TAXES BUILDINGS, NO. 282-A, NORTH BEACH ROAD, TUTICORIN- 628 001.
3 THE ASSISTANT COMMISSIONER(CT), THIRUPPANKUNDRAM ASSESSEMENT CIRCLE, COMMERCIAL TAXES COMPLEX, DR. THANGARAJ SALAI, MADURAI- 625 020.
ORDER
WP(MD) No.18837 of 2015 Date :16/10/2015 Conditional order of this Court dated 14.10.2015 made in WP(MD).No.18837 of 2015 is complied with, etc., as stated within.
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