The Madurai Bench of the Madras High Court allowed a writ petition seeking quashing of a demand notice. The petition was allowed only on the ground that no notice was issued to the petitioner, resulting in remittal to the first respondent.
Writ petition allowed on the ground of non-issuance of notice; petition remitted to file of first respondent for final order.
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W.P(MD)No.438 of 2022
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 05.06.2024
CORAM
THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN
W.P(MD)No.438 of 2022 and W.M.P.(MD)No.342 of 2022
M.Paramasivam ... Petitioner
Vs.
New Delhi-01.
Prayer : Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Certiorari, to call for the records relating to the impugned demand notice in Letter No.11382/TACTV/48088/2021 dated 22.11.2021 passed by the 4th respondent and quash the same as illegal.
W.P(MD)No.438 of 2022
For Petitioner : Mr.B.Prasanna Vinoth
For Respondent : Mr.P.Thambi Durai Government Advocate for R1, R2 & R4 : Mrs.Annie Abinaya for Mr.David Singh for R3
ORDER
The memorandum impugned in the writ petition is set aside only on the ground that the petitioner was not put on notice. The matter is remitted to the file of the first respondent. The first respondent will issue notice to the petitioner and pass final order on merits and in accordance with law within a period of twelve weeks from the date of receipt of a copy of this order. It is stated by the petitioner's counsel that a sum of Rs.50,000/- was already deposited to the credit of the writ petition. The petitioner is permitted to withdraw the same.
05.06.2024 Index : Yes / No Internet : Yes/ No rmi
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W.P(MD)No.438 of 2022
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W.P(MD)No.438 of 2022
G.R.SWAMINATHAN, J.
rmi
W.P(MD)No.438 of 2022
05.06.2024
1 issue framed by the court
Whether the petition suffered due to non-issuance of notice to the petitioner.
M. Paramasivam
The Secretary, Ministry of Information and Broadcasting
The District Collector/Nodal Officer (Cable TV) Thoothukudi
The Managing Director, Tamil Nadu Arasu Cable TV Corporation Ltd.
The Special Tahsildar / Assistant Manager, Tamil Nadu Arasu Cable TV Corporation Ltd.
G.R. Swaminathan
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
