IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 4.3.2011 CORAM THE HON'BLE MR.JUSTICE M.JAICHANDREN Writ Petition Nos.5283,5284,5285 and 5286 of 2011 M/S.TRICHY RAMESH PIPE INDUSTRIES (P) LTD. REP BY ITS MANAGING DIRECTOR S. PRABAHARAN [ PETITIONER IN ALL THE WRIT PETITIONS] Vs 1 THE SPECIAL COMMITTEE U/S 16-D OF TNGST ACT 1959 O/O. THE COMMISSIONER OF COMMERCIAL TAXES CHEPAUK CHENNAI 5 2 THE DEPUTY COMMERCIAL TAX OFFICER (CT) THURAIYUR TRICHY DISTRICT [ RESPONDENTS IN ALL THE WRIT PETITIONS] W.P.No.5283 of 2011: Writ Petition filed under Article 226 of the Constitution of India praying for a writ of Certiorari calling for the impugned proceedings of the 1st respondent in SCP.No.59/10 Ref.No.M1/24935/08 dated 27.1.2011 quash the same as arbitrary, illegal. W.P.No.5284 of 2011: Writ Petition filed under Article 226 of the Constitution of India praying for a writ of Certiorari calling for the impugned proceedings of the 1st respondent in SCP.No.60/10 Ref.No. M1/24936/08 dated 27.1.2011 quash the same as arbitrary, illegal. https://hcservices.ecourts.gov.in/hcservices/ W.P.No.5285 of 2011: Writ Petition filed under Article 226 of the Constitution of India praying for a writ of Certiorari calling for the impugned proceedings of the 1st respondent in SCP.No.61/10 Ref.No.M1/24937/08,dated 27.1.2011 quash the same as arbitrary illegal. W.P.No.5286 of 2011: Writ Petition filed under Article 226 of the Constitution of India praying for a writ of Certiorari calling for the impugned proceedings of the 1st respondent in SCP.No.62/10 Ref.No.M1/24938/08 dated 27.1.2011 quash the same as arbitrary illegal. For petitioner : Ms.R.Hemalatha For respondents : Mr.K.Radhakrishnan Government Advocate (Taxes) C O M M O N O R D E R The main contention of the learned counsel appearing for the petitioner is that the special committee constituted, under Section 16-D of the Tamil Nadu General Sales Tax Act, 1959, had not gone into the merits of the matters, while deciding the issues arising before it, in respect of the payments of the General Sales Tax, by the petitioner. 2. Even though various grounds had been raised by the petitioner challenging the assessments made, in respect of the concerned assessment years, the Special Committee, the first respondent herein, had passed the impugned proceedings, dated 27.1.2011, stating that the petitioner had been given a reasonable opportunity to raise the objections against the assessment orders. 3. The learned counsel appearing for the petitioner had placed before this Court the order of this Court, dated 22.10.2009, made in W.P.Nos.20849 and 20850 of 2009, (M/S.SUKUMAR WELDING WORKS REP. BY ITS PROPRIETOR K.SAMINATHAN Vs. THE SPECIAL COMMISSIONER, AND ANOTHER), wherein, similar issues had arisen for consideration before this Court. From the said order, it is seen that the proceedings of the first respondent Special Committee had been set aside and the matters had been remitted back to the first respondent to consider the petition and to pass orders, after giving an opportunity to the petitioner therein. https://hcservices.ecourts.gov.in/hcservices/ 4. Hence, the proceedings of the first respondent, dated 27.1.2011, are set aside and the matters are remitted back to the first respondent Special Committee to decide, afresh, the issues raised by the petitioner, in the petitions filed by the petitioner and to pass appropriate orders thereon, on merits and in accordance with law, after giving an opportunity of hearing to the petitioner, within a period of eight weeks from the date of receipt of a copy of this order. It is made clear that till final orders are passed by the first respondent Special Committee, no coercive steps shall be taken by the first respondent, based on the assessment orders passed against the petitioner. The writ petitions are ordered accordingly. No costs. Connected M.P.Nos.1,1, 1, and 1 and 2, 2, 2 and 2 of 2011 are closed. Sd/- Asst. Registrar //True Copy// Sub Asst. Registrar To: 1 THE SPECIAL COMMITTEE U/S 16-D OF TNGST ACT 1959 O/O. THE COMMISSIONER OF COMMERCIAL TAXES CHEPAUK CHENNAI 5 2 THE DEPUTY COMMERCIAL TAX OFFICER (CT) THURAIYUR TRICHY DISTRICT + 3 ccs to Mr. R. Hemalatha, Advocate SR No.16454 + 1 cc to Spl Government Pleader (T), SR No.16362 NSM(CO) SR/8.3.2011 Writ Petition Nos.5283,5284,5285 and 5286 of 2011 https://hcservices.ecourts.gov.in/hcservices/