A writ petition under Article 226 seeking certiorari to quash an impugned order was dismissed by the Madras High Court as infructuous following the petitioner's counsel's leave to withdraw the petition with an endorsement of the same.
The Writ Petition was dismissed as infructuous following the petitioner's withdrawal.
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IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 08.02.2018
CORAM
THE HONOURABLE MR. JUSTICE T.S. SIVAGNANAM
W.P.No.7823 of 2012 and M.P.No.1 of 2012
M/s.Srivari Property Developers
Srivari Gokul Towers, First Floor No.108/3, Race Course Road, Coimbatore 641 018. Represented by its Partner. ... Petitioner
Vs
1.The Commissioner of Customs, Central Excise & Service Tax (Appeals) 6/7, A.T.D. Street, Race Course Road, Coimbatore 641 018.
2.The Additional Commissioner of Central Excise, Customs & Service Tax, 6/7, A.T.D. Street, Race Course, Coimbatore 641 018. ... Respondents
Prayer: Petition filed under Article 226 of the Constitution of India praying for issuance of a Writ of Certiorari to call for the records of the first respondent in his proceedings in impugned miscellaneous order No.12/2012-ST dated 24.02.2012 under Section 35F Central Excise Act in A.No.121 of 2011-ST quash the same.
For Petitioner :: Mr.Clint Li Johnny for M/s.K.Vaitheeswaran
For Respondents :: Mr.T.R.Senthilkumar O R D E R
Learned counsel for the petitioner seeks leave of this Court to withdraw the writ petition stating that it has become infructuous and he has also made an endorsement to that effect.
2.In view of the representation and endorsement made by the learned counsel for the petitioner, this Writ Petition is dismissed as infructuous.
s/d-
Assistant Registrar(CS VI)
True Copy
Sub-Assistant Registrar
sk / sai
To
1.The Commissioner of Customs,
Central Excise & Service Tax (Appeals)
6/7, A.T.D. Street, Race Course Road,
Coimbatore 641 018.
2.The Additional Commissioner of Central Excise,
Customs & Service Tax,
6/7, A.T.D. Street, Race Course ,
Coimbatore 641 018.
+1 CC to Mr.K. Vaitheeswaran, Advocate sr 10417.
+1 Cc to Mr.T.R. Senthil Kumar, Advocate sr 10092.
W.P.No.7823 of 2012
SP(01/03/2018)
1 issue framed by the court
Whether the writ petition filed under Article 226 should be dismissed as it has become infructuous.
2 provisions across 2 enactments
M/s. Srivari Property Developers
The Commissioner of Customs, Central Excise & Service Tax (Appeals)
The Additional Commissioner of Central Excise, Customs & Service Tax
T.S. Sivagnanam
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
