1 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 09.06.2011 CORAM: THE HONOURABLE MR.JUSTICE K.VENKATARAMAN W.P.(MD).No.5936 of 2011 and M.P.(MD)Nos.1 and 2 of 2011 M/s.M.K.R.Brothers Agency Division, rep. by its proprietor, M.M.Manikandan, No.158, Big Bazar Street, Pattukkottai, Thanjavur. : Petitioner Vs. 1.The Additional Commissioner, Office of the Commissioner of Central Excise & Service Tax, No.1, Williams Road, Cantonment, Trichirapalli – 620 001. 2.The Joint Commissioner of Central Excise No.1, Office of the Commissioner of Central Excise & Service Tax, No.1, Williams Road, Cantonment, Trichirapalli 620 001. 3.Bharath Sanchar Nigam Ltd (BSNL) Rep. by its General Manager, Thanjavur. 4.Bharath Sanchar Nigam Ltd (BSNL) Rep. by its General Manager, Trichirapalli. 5.Bharath Sanchar Nigam Ltd (BSNL) Rep. by its General Manager, Tuticorin. 6.Bharath Sanchar Nigam Ltd (BSNL) Rep. by its General Manager, Erode. : Respondents PRAYER: Writ Petition is filed under Article 226 of the Constitution of India praying to issue a Writ of certiorari to call for the records pertaining to the proceeding C.No.V/ST.15/37/2007 Cx.Adjn dated 20.08.2008 pending before the second respondent and to quash the same as illegal and against the principles. For Petitioners : Mr.P.Sesubalan Raja For Respondents : Mr.R.Aravindan Senior Standing Counsel https://hcservices.ecourts.gov.in/hcservices/ 2 O R D E R Mr.R.Aravindan, learned Senior Standing Counsel takes notice on behalf of the respondents. By consent, the Writ Petition is taken up for final disposal at the stage of admission itself 2. The petitioner has come up with the present Writ Petition challenging the show cause notice dated 20.08.2008. Admittedly, the petitioner has offered an explanation for the same and without waiting an order to be passed, he has filed this writ petition. 3. In view of the above stated position, I am inclined to dispose of this writ petition with a direction to the second respondent to consider the explanation offered by the petitioner and pass appropriate orders on merits and in accordance with law. It is open to the petitioner to challenge the order of the second respondent, if any. 4. The Writ Petition stands disposed of in the above terms. Consequently, connected Miscellaneous Petitions closed. No costs. Sd/- Assistant Registrar (Crl.side) /True copy/ Sub Assistant Registrar(CS) To 1.The Additional Commissioner, Office of the Commissioner of Central Excise & Service Tax, No.1, Williams Road, Cantonment, Trichirapalli – 620 001. 2.The Joint Commissioner of Central Excise No.1, Office of the Commissioner of Central Excise & Service Tax, No.1, Williams Road, Cantonment, Trichirapalli 620 001. 3.The General Manager, Bharath Sanchar Nigam Ltd (BSNL) Thanjavur. 4.The General Manager, Bharath Sanchar Nigam Ltd (BSNL) Trichirapalli. 5.The General Manager, Bharath Sanchar Nigam Ltd (BSNL) Tuticorin. 6.The General Manager, Bharath Sanchar Nigam Ltd (BSNL) Erode. +1 CC to Mr.R.Aravindan, Advocate, SR.No.17789 +1 CC to Mr.P.Sesubalanraja, Advocate, sR.No.17760 rj2 Order made in W.P.(MD).No.5936 of 2011 and M.P.(MD)Nos.1 and 2 of 2011 09.06.2011 TR : 17.06.2011 : 2p/9c https://hcservices.ecourts.gov.in/hcservices/