Sekkappan v. the Revenue Divisional Officer
Case brief
What is this about?
Petitioner sought writ directing issuance of GST ID and password. Court closed petition as it is a private internecine dispute between petitioner and 4th respondent not suitable for Article 226 summary proceedings. Liberty granted to parties to seek remedy in civil court.
What did the court decide?
Writ petition closed; 4th respondent directed to continue paying monthly amount pending civil court determination.
What the court decided
W.P.(MD) No.3615 of 2022
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 13.04.2022 CORAM: THE HONOURABLE MR.JUSTICE C.SARAVANAN W.P.(MD) No.3615 of 2022 and W.M.P.(MD) No.3150 of 2022
Sekkappan ... Petitioner /vs./
1.The Revenue Divisional Officer, Madurai District, Madurai.
2.The Joint Commissioner, Office of the Commercial Tax, Madurai.
3.The State Tax Officer, Goods and Services Tax (GST), Munichalai Road, Madurai 625 020.
4.S.Kannappan ... Respondents
PRAYER: Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Mandamus, directing the 3rd respondent to issue a valid GST ID and password to submit monthly GST returns (Reg.No.33AARFK6349) for Kannappan Enterprises No.137, Reliance Petrol Pump, Kamarajar Salai, Madurai by considering the representation of the petitioner dated 15.02.2022.
For Petitioner : Mr.M.Jegadeesh Pandian For R1 to R3 : Mr.M.Prakash Additional Government Pleader For R4 : Mr.T.Cibi Chakravarthy
ORDER
Issues for consideration
3 issues framed by the court
Whether the writ petition directing issuance of GST ID and password is maintainable in light of an internecine dispute between family members.
Whether private family disputes regarding individual rights can be adjudicated in summary proceedings under Article 226.
Whether the petitioner can continue to receive monthly amounts pending final determination of family rights.
Parties & counsel
- petitioner
Sekkappan
- respondent
The Revenue Divisional Officer, Madurai District, Madurai
- respondent
The Joint Commissioner, Office of the Commercial Tax, Madurai
- respondent
The State Tax Officer, Goods and Services Tax (GST), Munichalai Road, Madurai
- respondent
S.Kannappan
Case details
As recorded by the court registry
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