Madras High CourtWA(MD)/1170/2017disposed of

M/S.Sashwath Constructons(P) v. The Commercial Tax Officer

2017-09-08Honourable Mr Justice K.K. Sasidharan,Honourable Mr Justice G.R.Swaminathan2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 08.09.2017

CORAM:

THE HONOURABLE MR.JUSTICE K.K.SASIDHARAN and THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN W.A(MD)No.1170 of 2017 and C.M.P.(MD).No.8141 of 2017 M/s.Sashwath Constructions [P] Ltd., Represented by its Director A.Chandramouli, 28, Shanthi Niketan, Melakkai Main Road, Kochadai, Madurai.

.. Appellant Vs.

The Commercial Tax Officer, Madurai Rural (South) Assessment Circle, Commercial Taxes Buildings, Madurai 20.

.. Respondent PRAYER: Writ Appeal is filed under Clause 15 of the Letter Patent Act, against the order dated 27.06.2017 made in W.M.P.(MD).No.9089 of 2017 in W.P.(MD).No.11801 of 2017, on the file of this Court. Prayer in WMP(MD). 9089/ 2017 in WP(MD)No.11801/2017 : To grant interim stay of all further proceedings to the impugned proceedings of the respondent in TIN 33875162438/2009-10 dated 19.05.2017 pending disposal of the above writ petition. Prayer in WP(MD). 11801/ 2017 :

Writ Petition is filed under Article 226 of the Constitution of India, praying this Court to issue a writ of Certiorarified Mandamus to call for the records on the file of the respondent in TIN 33875162438/2009-10 dated 19.05.2017 and to quash the same as illegal, arbitrary and in violation of the principles of natural justice and direct the respondent to pass assessment order afresh after affording a opportunity of being heard to the petitioner by considering the reply dated 29.04.2017 within such time as may be directed by this Hon'ble Court. https://hcservices.ecourts.gov.in/hcservices/

For Appellant : Mr.N.Sudalaimuthu For respondents : Mr.T.S.Mohammed Mohideen Additional Government Pleader For Mr.Raja Karthikeyan Additional Government Pleader

JUDGMENT

************* [Judgment of the Court was delivered by K.K.SASIDHARAN, J.] The learned counsel appearing for the appellant seeks further time for depositing the amount.

2. We grant the appellant time till 30.09.2017 for depositing the amount, pursuant to the order passed by the learned Single Judge.

3. The Intra-Court Appeal is disposed of with the above modification with respect to time limit for payment of the amount. No costs. Consequently, connected Miscellaneous Petition is closed.

Sd/- Assistant Registrar(ADII) /True Copy/ Sub-Assistant Registrar To:

The Commercial Tax Officer, Madurai Rural (South) Assessment Circle, Commercial Taxes Buildings, Madurai 20.

+One cc to Mr.S.Karunakar, Advocate, SR.No.77972 +One cc to The Special Government Pleader, SR.No.78293 NB RL/4C/2P/MR/KKR/SAR2/27/9/2017 JUDGMENT MADE IN W.A(MD)No.1170 of 2017 https://hcservices.ecourts.gov.in/hcservices/ 08.09.2017