Madras High Court
M/S.Sri Venkateswara Timber Mart vs State Tax Officer on 5 December, 2019
Author: Anita Sumanth
Bench: Anita Sumanth
W.P.No. 33974 of 2019
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 05.12.2019
CORAM
THE HONOURABLE DR. JUSTICE ANITA SUMANTH
Writ Petition No. 33974 of 2019
and M.P.Nos. 34564 and 34565 of 2019
M/s.Sri Venkateswara Timber Mart,
Rep. by its Managing Partner,
No.1-B1, Namakkal Bye-Pass Road,
ParamathiVelur,
Namakkal- 638 182 ...Petitioner
Vs.
State Tax Officer, (CT)
Namakkal (Town) Assessment Circle,
Namakkal. ... Respondent
PRAYER: PETITION filed under Article 226 of the Constitution of India praying
for the issuance of Writ of Certiorarified Mandamus to call for the records of the
respondent and quash the order passed by the respondent in TIN
33663100382/2012-13 dated 21.05.2019 and direct the respondent to pass
fresh order after providing an opportunity of personal hearing in this case.
For Petitioner : Mr. C.Baktha Siromoni
For Respondents : Mr.Master Ganesh
Government Advocate
ORDER
Mr.C. Baktha Siromoni, learned counsel appearing for the petitioner draws my attention to the order of this Court http://www.judis.nic.in in W.P.Nos. 18676 & 18694 of 2019 1/4 W.P.No. 33974 of 2019 dated 03.07.2019 in relation to assessments framed for the periods 2011-12 and 2015-16, wherein this Court while dismissing the writ petitions, relegated the petitioner to alternate statutory remedy. At paragraph 23 of that order, the learned Judge has noted that the writ petitioner is entitled to seek exclusion of time spent in the writ petition before this Court, in computing limitation for filing of statutory appeal. He prays that the same order be passed in this writ petition as well.
2. Mr.Master Ganesh, learned Government Advocate who accepts notice on behalf of the respondent, expresses no objection in this regard to the above request of the petitioner.
3. Thus, the writ petition is dismissed and the petitioner is permitted to file an appeal before the Appellate Authority. The direction at paragraph 23 of order dated 03.07.2019 is reiterated and the petitioner may seek exclusion of the time spent in this writ petition before this Court in the computation of limitation in filing the statutory appeal. No costs. Connected miscellaneous petitions are closed.
05.12.2019 Index : Yes/No Speaking Order/Non speaking Order mp/arr Note: Issue today along with original impugned order dated 21.05.2019 to the learned counsel for the petitioner. (photocopy of impugned order be taken and placed on file) http://www.judis.nic.in 2/4 W.P.No. 33974 of 2019 To State Tax Officer, (CT) Namakkal (Town) Assessment Circle, Namakkal.
http://www.judis.nic.in 3/4 W.P.No. 33974 of 2019 Dr.ANITA SUMANTH,J.
mp/arr Writ Petition No. 33974 of 2019 and M.P.Nos. 34564 and 34565 of 2019 05.12.2019 http://www.judis.nic.in 4/4