Madras High CourtWP(MD)/10170/2017disposed of

M/S.Aruna Alloy Steel Private v. The Assistant Commissioner(Ct)

2017-06-02Honourable Mr Justice S.S. Sundar2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 02.06.2017

CORAM

THE HONOURABLE MR.JUSTICE S.S.SUNDAR W.P.(MD).No. 10170 of 2017 M/s.Aruna Alloy Steel Private Limited, Represented by its Director SV Arunachalam, Survey No.3/1, Olaganeri Village, Uthangudi (PO), Madurai.

..Petitioner Vs.

The Assistant Commissioner (CT), Tallakulam Assessment Circle, Madurai.

.. Respondent PRAYER : Writ petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing the respondent herein to consider the representation, dated 20.03.2017, filed by the petitioner and adjust the excess amount available with him vide his order in CST No. 149795/2005-06 and TNGST No.4882329/2005-06, dated 02.08.2016 towards the payment of 12% tax amount as directed by this Court in W.M.P.(MD)Nos. 1769 to 1774 of 2017 in W.P.(MD)Nos.2133 to 2138 of 2017, dated 21.02.2017.

For Petitioner : Mr.S.Karunakar For Respondent : Mr.R.Karthikeyan, Additional Government Pleader.

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O R D E R

This Writ petition has been filed by the petitioner for issuance of a Writ of Mandamus, directing the respondent herein to consider the representation, dated 20.03.2017, filed by the petitioner and adjust the excess amount available with him vide his order in CST No.149795/2005-06 and TNGST No.4882329/2005-06, dated 02.08.2016, towards the payment of 12% tax amount as directed by this Court in W.M.P.(MD)Nos. 1769 to 1774 of 2017 in W.P.(MD)Nos.2133 to 2138 of 2017, dated 21.02.2017. https://hcservices.ecourts.gov.in/hcservices/

2. Heard the learned counsel appearing for the petitioner and the learned Additional Government Pleader appearing for the respondent.

3. Mr.R.Karthikeyan learned Additional Government Pleader takes notice for the respondent. By consent, the Writ petition itself is taken up for final disposal.

4. Having regard to the limited scope of the prayer in the Writ petition, without expressing any opinion on the merits of the petitioner's case, this Court is inclined to issue the following direction:- "The respondent is directed to consider the representation of the petitioner, dated 20.03.2017, and pass appropriate orders on merits and in accordance with law, within a period of two weeks from the date of receipt of a copy of this order."

5. Accordingly, the Writ petition is disposed of. No costs. Sd/- Assistant Registrar(CS-I) /True Copy/ Sub Assistant Registrar To The Assistant Commissioner (CT), Tallakulam Assessment Circle, Madurai.

+1cc to Spl.Government Pleader Sr.No.58297 +1cc to Mr.S.Karunakar, Advocate Sr.No.58114 GNS/PMU VB/RSK/SAR2/12.06.2017/2P/4C ORDER MADE IN W.P.(MD).No. 10170 of 2017 02.06.2017 https://hcservices.ecourts.gov.in/hcservices/