IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 1.4.2011 CORAM THE HON'BLE MR.JUSTICE M.JAICHANDREN Writ Petition No.5937 of 2011 1 RAJAMURUGAN MILLS [ PETITIONER ] 133-B MANIKKAPURAM ROAD PALLADAM-641 664 REP. BY MR.M.THANGARAJAN PROPRIETOR Vs 1 THE COMMERCIAL TAX OFFICER (CT) PALLADAM ASSESSMENT CIRCLE PALLADAM. 2 THE JOINT COMMISSIONER (CT) COIMBATORE DIVISION DR. BALASUNDARAM ROAD COIMBATORE. [ RESPONDENTS ] Writ Petition filed under Article 226 of the Constitution of India praying for a writ of Certiorarified Mandamus to call for the records of the 1st respondent in TNGST No.6241499/2002-03 and quash the impugned notice of demand dated 15.12.2010 with a consequential direction to the 1st respondent to refund the sum of Rs.1,34,750/- collected without authority of law pertaining to the year 2002-03 under TNGST Act. For petitioner : Mr.MD.Ghafoorur Rahman For respondents : Mr.R.Mahadevan Additional Government Pleader (Taxes) O R D E R At this stage of the hearing of the writ petition, the learned Additional Government Pleader (Taxes) appearing for the respondents had submitted that the respondents had no knowledge of the order passed by this Court, on 14.3.2006, made in W.P.No.4850 of 2006, when the impugned notice of demand, dated 15.12.2010, had been issued by the first respondent. Further, the petitioner had come forward to pay the tax demanded, amounting to Rs.1,34,750/-, without any protest. https://hcservices.ecourts.gov.in/hcservices/ Further, he had also made a request to settle the tax dues, under the Samadhan scheme, which was available to the petitoner at the relevant point of time. 2. In view of the averments made in the affdavit filed in support of the writ petition and in view of the submissions made by the learned counsels appearing for the parties concerned, it is seen that the first respondent had issued the impugned notice, dated 15.12.2010, based on the order passed by the Deputy Commercial Tax Officer, Palladam Assessment Circle, Palladam, dated 16.1.2006, which had already been set aside by this Court, by its order, dated 14.3.2006, made in W.P.No.4850 of 2006. Based on the impugned notice, dated 15.12.2010, issued by the first respondent, the petitioner had paid the amount of Rs.1,34,750/-, without having the knowledge of the order passed by this Court, on 14.3.2006, made in W.P.No.4850 of 2006. 3. In such circumstances, this Court finds it appropriate to set aside the impugned notice of the first respondent, dated 15.12.2010. Consequently, the first respondent is directed to refund the amount of Rs.1,34,750/- (Rupees One Lakh thirty four thousand and seven hundred and fifty) within a period of eight weeks from the date of receipt of a copy of this order. However, it is made clear that it would be open to the respondents to proceed against the petitioner, with regard to the payment of Sales Tax, in respect of the assesment year 2002-2003, by following the directions issued by this Court by its order, dated 14.3.2006, made in W.P.No.4850 of 2006, and pass appropriate orders, on merits and in accordance with law, within a period of twelve weeks from today. The writ petition is ordered accordingly. No costs. Connected M.P.No.1 of 2011 is closed. Sd/ Asst.Registrar /true copy/ Sub Asst.Registrar lan To 1 THE COMMERCIAL TAX OFFICER (CT) PALLADAM ASSESSMENT CIRCLE PALLADAM. https://hcservices.ecourts.gov.in/hcservices/ 2 THE JOINT COMMISSIONER (CT) COIMBATORE DIVISION DR. BALASUNDARAM ROAD COIMBATORE. 1 cc To Mr.MD.Ghafoorur Rahman, Advocate, SR.23601 1 cc To The Special Government Pleader, SR.23742 Writ Petition No.5937 of 2011 sp(co) pmk.5.4.2011 https://hcservices.ecourts.gov.in/hcservices/