IN THE HIGH COURT OF JUDICATURE AT MADRAS DATE: 09.06.2011 CORAM THE HONOURABLE MR.JUSTICE M.JAICHANDREN Writ Petition No.13171 of 2011 and M.P.Nos.1 and 2 of 2011 M/s.Shuganth Telecom Contractor 319, Makkiripalayam, Sowdhapuram – 638 008 Tiruchengode Taluk, Namakkal District. .. Petitioner. Versus 1.The Additional Commissioner, O/o. The Commissioner of Customs, Central Excise and Service Tax, 1, Foulkes Compound, Anai Medu, Salem – 636 001. 2.M/s.Bharat Sanchar Nigam Limited, (A Govt. of India Enterprise) Rep. By its General Manager, Thanjavur – 613 007. .. Respondents. Prayer: Petition filed seeking for a writ of Certiorarified Mandamus, to call for the records of the first respondent in C.No..V/SFCS/15/25/2010 – ST.Adj, quash the proceedings dated 21.10.2010 issued therein and further direct the first respondent to decide the issue in the light of the circular No.123/5/2010-TRU dated 24.05.2010 issued by the Central Board of excise and Customs. For Petitioner : Mr.B.Raveendran For Respondents : Mr.P.Mahadevan CGSC O R D E R This writ petition has been filed praying for a writ of certiorarified mandamus, challenging the show cause notice of the first respondent, dated 21.10.2010. 2. At this stage of the hearing of the writ petition, the learned counsel appearing on behalf of the petitioner had submitted that the petitioner may be permitted to file a detailed reply to the https://hcservices.ecourts.gov.in/hcservices/ impugned show cause notice, dated 21.10.2010, within a specified time. Thereafter, the first respondent shall be directed to consider the reply filed by the petitioner and to pass appropriate orders, on merits and in accordance with law, in the light of the circular bearing circular No.123/5/2010-TRU, dated 24.05.2010. 3. The learned counsel appearing on behalf of the respondents has no objection for this Court passing an order, as prayed for by the petitioner. 4. In such circumstances, the petitioner is permitted to file a reply to the impugned show cause notice of the first respondent, dated 21.10.2010, within a period of four weeks from the date of receipt of a copy of this order. On such reply being submitted, the first respondent shall consider the same and pass appropriate orders thereon, on merits and in accordance with law, taking into consideration the circular bearing circular No.123/5/2010-TRU, dated 24.05.2010, if it is found to be applicable to the petitioner, within a period of eight weeks thereafter. The writ petition is ordered accordingly. No cost. Consequently, connected miscellaneous petitions are also closed. Sd/ Asst.Registrar //True Copy// Sub.Asst.Registrar cse To 1.The Additional Commissioner, O/o. The Commissioner of Customs, Central Excise and Service Tax, 1, Foulkes Compound, Anai Medu, Salem – 636 001. 2. The General Manager, M/s.Bharat Sanchar Nigam Limited, (A Govt. of India Enterprise) Thanjavur – 613 007. 1 cc to Mr.B.Raveendran , Advocate, Sr.No.33128 1 cc to Mr..Mahadevan, Advocate, Sr.No.33062 Writ Petition No.13171 of 2011 and M.P.Nos.1 and 2 of 2011 ms(co)pmk.20.6.2011 https://hcservices.ecourts.gov.in/hcservices/