The Joint Commissioner (St) v. R Periyasamy

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Civil Appellate Jurisdiction ) Tuesday, the Twenty Ninth day of October Two Thousand and Twenty Four PRESENT The Hon`ble Mr.Justice P.VELMURUGAN and The Hon`ble Mr.Justice K.K. RAMAKRISHNAN in WA(MD) SR No.67222 of 2024 THE JOINT COMMISSIONER (ST) THIRUCHIRAPALLI STATE TAX DIVISION, COMMERCIAL TAXES BUILDINGS, COURT COMPOUND, CANTONMENT, THIRUCHIRAPALLI 620 001 ... Petitioner / Appellant Vs R PERIYASAMY ... Respondent / Respondent Civil Miscellaneous Petition filed praying that in the circumstances stated therein and in the affidavit filed therewith the High Court may be pleased to Condone the delay of 327 days in filing the above Writ Appeal against the order dated 19.09.2023 made in WP(MD). No.6879 of 2023. Prayer in WA(MD) SR No.67222 of 2024:

To set aside the order dated 19.09.2023 passed in WP(MD) No.6879 of 2023 on the file of the Madurai Bench of Madras High Court and allow this writ appeal. 1/4

Prayer in WP(MD). 6879/ 2023 :

Writ Petition is filed under Article 226 of the Constitution of India, praying this Court to issue of Writ of Certiorari calling for the records pertaining to the impugned order of the respondent in Na.Ka.3261/2019/Aa2 dated 29.11.2022 and quash the same as illegal and unlawful.

ORDER : This civil miscellaneous petition coming up for orders on this day, upon perusing the petition and the affidavit filed in support thereof and upon hearing the arguments of Mr.J.K.JEYASEELAN, Government Advocate for the petitioner and of Mr.J.POOVENTHERARAJAN, Advocate on behalf of the Respondent, the Court made the following order:- This petition has been filed to condone the delay of 327 days in fling the appeal.

2.Though notice served and none appeared, name of the respondent printed in the cause list.

3. The reasons stated in the accompanying affidavits are not satisfactory. However, in order to give opportunity to the parties to resolve the dispute on merits, the petition is allowed on condition that the appellant shall pay a sum of Rs.5,000/- (Rupees Five Thousand only) to the Advocate Clerk's Welfare Association, Madurai Bench of Madras High Court, bearing Account No.496039124 at Indian Bank, High Court Branch, Madurai, towards costs, on or before 13.11.2024, failing which, the petition shall stand dismissed automatically without any further 2/4

reference to Court.

4. List the matter on 14.11.2024 'for reporting compliance'. sd/- 29/10/2024 / TRUE COPY / /11/2024 Sub-Assistant Registrar (C.S.I /II /III /IV ) Madurai Bench of Madras High Court, Madurai - 625 023.

VSG To THE JOINT COMMISSIONER (ST) THIRUCHIRAPALLI STATE TAX DIVISION, COMMERCIAL TAXES BUILDINGS, COURT COMPOUND, CANTONMENT, THIRUCHIRAPALLI 620 001 COPY TO:

THE OFFICER INCHARGE, ADVOCATE CLERKS WELFARE ASSOCIATION, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

ORDER

IN in WA(MD) SR No.67222 of 2024 Date :29/10/2024 3/4

ED/ JGB /SAR- (07/11/2024) 4P / 3C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 4/4