Petitioner sought transfer of a statutory excise appeal from one respondent to another due to apprehension regarding fairness given counsel's prior contempt proceedings before the Court. Court dismissed the claim.
The prayer for transfer of the appeal was dismissed; the petition is closed. No costs.
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IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 06.01.2021
CORAM
THE HONOURABLE DR. JUSTICE ANITA SUMANTH
W.P.No.20373 of 2020 &
WMP.No.25159 of 2020
M/s.Rathinam Bar, (Lic No.85/FL.2) Represented by authorized person Mr.Boobalan NSJ Complex Building, No.51, Ellaipillaichavaday Main Road, Puducherry .. Petitioner Vs. 1.The Secretary to Government (Art & Culture/ Wakf)-cum-Commissioner (Excise) Government of Puducherry, Chief Secretariat, Puducherry. 2.The Deput Commissioner (Excise)cum-Licensing Authority, Government of Puducherry, Office of the Deputy Commissioner (Excise) Industrial Estate, Thattanchavadi, puducherry .. Respondents
Prayer: Writ Petition filed under Article 226 of the Constitution of India praying to Writ of Mandamus seeking to transfer the Statutory Appeal dated 10.10.2020 filed by the petitioner under section 60(2) of the Puducherry Excise Act, 1970 and r/w Rule 215 of the Puducerry Excise Rule, 1970 against order vide No.1805/DCE/IMFL/2020-21/Part XLIV/942 dated 28.09.2020 passed by the 2nd respondent namely Deputy Commissioner (Excise)-cum-Licensing Authority Government of Puducherry, which is pending on the file of the 1st respondent to some other officer.
For Petitioners : Mrs.Hema Sampath Senior Counsel for Mr.M.Vaikunth
For Respondents: Mr.J.Kumaran
Additional Government Pleader (P)
The petitioner prays for a mandamus seeking transfer of appeal filed by it on 10.10.2020 in terms of Section 60(2) of https://hcservices.ecourts.gov.in/hcservices/ the Puducherry Excise Act, 1970 read with Section 215 of the
Puducherry Excise Rules, 1970 challenging order dated 28.09.2020 pending on the file of the first respondent, to some other officer.
Sd/Assistant Registrar //True Copy// Sub Assistant Registrar rkp/vs To 1.The Secretary to Government (Art & Culture/ Wakf)-cum-Commissioner (Excise) Government of Puducherry, Chief Secretariat, Puducherry.
2.The Deput Commissioner (Excise)cum-Licensing Authority, Government of Puducherry, Office of the Deputy Commissioner (Excise) Industrial Estate, Thattanchavadi, puducherry
+1cc to the Government Pleader, S.R.No. 933
W.P.No.20373 of 2020 & WMP.No.25159 of 2020
SSD(CO)
GN(01/02/2021)
1 issue framed by the court
Whether a statutory appeal pending before one respondent concerning appellate counsel's prior contempt appearance should be transferred to another officer under Article 226.
3 provisions across 3 enactments
M/s.Rathinam Bar
The Secretary to Government (Art & Culture/ Wakf)-cum-Commissioner (Excise) Government of Puducherry
The Deput Commissioner (Excise)cum-Licensing Authority, Government of Puducherry
Dr. Justice Anita Sumanth
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
