Allowed¶17

A.Andrew Carol v. the Commissioner

Madras HC1 Jul 2025WMP/26805/2025

Case brief

AI extract

What is this about?

Dispensation with production of original notice; service by pasting/affixture on premises instead of personal service; notice damaged by rain; writ petition proceeded on photocopy of notice; short procedural order; no statute or precedent discussed.

What did the court decide?

Dispensation granted from production of the original impugned notice dated 16.06.2025; the writ petition proceeds on the basis of the petitioner's photocopy. ¶17

A.Andrew Carol Vs the Commissioner — Madras HC (2025) — LawSathi Research

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W.M.P. No.26805 of 2025 in W.P.No.23819 of 2025

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W.M.P. No.26805 of 2025 in W.P.No.23819 of 2025

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M.SUNDAR, J. and HEMANT CHANDANGOUDAR, J.

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[Order of the Court was made by M.SUNDAR, J.]

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This order will now dispose of the captioned 'Writ Miscellaneous Petitions [hereinafter 'WMP' for the sake of brevity].

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Captioned WMP has been filed with prayer to dispense with production of 'original impugned notice dated 16.06.2025' [hereinafter 'impugned notice' for the sake of brevity, convenience and clarity].

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Mr. A.E. Ravichandran, learned counsel on record for writ petitioner, is before this Court.

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Learned counsel for writ petitioner, adverting to support affidavit, submitted that the original impugned notice was not served on the writ petitioner but was affixed on the writ petitioner's premises which was also damaged owing to rain; hence, the writ petitioner was not able to file the original impugned notice. Learned

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https://www.mhc.tn.gov.in/judis

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W.M.P. No.26805 of 2025 in W.P.No.23819 of 2025

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counsel drew the attention of this Court to relevant portions of

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support affidavit in W.P.No.23819 of 2025, which reads as follows:

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'7 E. The notice dated 16.06.2025 was not served on the petitioner but pasted on his premises that too on 19.06.2025.

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I submit that I have filed the present writ petition challenging the impugned notice dated 16.06.2025 with a photocopy taken by me, as the original notice affixed was damaged due to rain.'

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5. In the light of the narrative thus far, dispense with

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prayer is acceded to. Captioned WMP is ordered as prayed for.

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[M.S., J.] [H.C., J.]

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01.07.2025

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cad

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