IN THE HIGH COURT OF JUDICATURE AT MADRAS DATE: 21.03.2011 CORAM THE HONOURABLE MR.JUSTICE M.JAICHANDREN Writ Petition No.878 of 2011 and M.P.No.1 of 2011 S.Prabakar .. Petitioner. Versus 1.IT Expressway Limited, Represented by its General Manager, 125/126, Rajiv Gandhi Salai (OMR) Perungudi, Chennai – 108. 2.The Commercial Tax Officer, Manali Assessment Circle, Kuralagam, Chennai – 108. .. Respondents. Prayer: Petition filed under Article 226 of the constitution of India seeking for a writ of Mandamus, directing the respondents herein to refund a sum of Rs.2,65,653/- to the petitioner which was deducted and remitted towards sales tax to the second respondent, in respect to the contract agreement dated 09.04.2009 for construction of convert extension. For Petitioner : Mr.G.Arul Murugan For Respondents : Mr.V.Ramajagadeesan (R1) Ms.R.Mahadevan Government Advocate (Tax) (R2) O R D E R Heard the learned counsel appearing for the petitioner and the learned counsels appearing for the respondents. 2. At this stage of the hearing of the writ petition, the learned counsel appearing on behalf of the petitioner has submitted that it would suffice, if the petitioner is permitted to make a representation to the second respondent, with regard to the refund claim made by him, under the Tamil Value Added Tax https://hcservices.ecourts.gov.in/hcservices/ Act, 2006, and if the second respondent is directed to consider the same and pass appropriate orders thereon, within a specified period. 3. The learned counsels appearing on behalf of the respondents, have no objection for such an order being passed by this Court. 4. In such circumstances, the petitioner is permitted to make a representation before the second respondent, with regard to the refund claim, under the Tamil Nadu Value Added Tax Act, 2006, within a period of 15 days from the date of receipt of a copy of this order. On such claim being made, the second respondent shall consider the same and pass appropriate orders thereon, on merits and in accordance with law, within a period of eight weeks thereafter. The writ petition is ordered accordingly. No costs. Consequently connected miscellaneous petition is also closed. Sd/- Asst.Registrar. /true copy/ Sub Asst.Registrar. cse To 1.The General Manager, IT Expressway Limited, 125/126, Rajiv Gandhi Salai (OMR) Perungudi, Chennai – 108. 2.The Commercial Tax Officer, Manali Assessment Circle, Kuralagam, Chennai – 108. 1 cc to Mr.G. Arul murugan, Advocate, Sr. 20339 1 cc to Mr.V. Ramajagadeesan, Advocate, Sr. 19906 1 cc to the Special government Pleader, Sr. 20874 Writ Petition No.878 of 2011 and M.P.No.1 of 2011 PKB (CO) kk 24/3 https://hcservices.ecourts.gov.in/hcservices/