IN THE HIGH COURT OF JUDICATURE AT MADRAS DATE: 11-01-2011 CORAM THE HONOURABLE MR.JUSTICE M.JAICHANDREN Writ Petition No.527 of 2011 and M.P.Nos.1 and 2 of 2011 Lanco Infratech Ltd., Represented by P.V.Ranga Rao, DM(F&A), Lanco Corporate Complex, Plot No.4, Software Units Layout, Hitec City, Madhapur, Hyderabad 500 081. .. Petitioner. Versus Assistant Commercial Tax Officer, Puzhal (Outgoing) Check Post, O/o. The Assistant Commissioner (CT), Puzhal Check Post, Chennai-600 066. .. Respondent. Prayer: Petition filed seeking for a Writ of Certiorari, to call for the records of the respondent in Goods Detention Notice No.3011/2010- 2011, dated 21.12.2010 and quash the same. For Petitioner : Mr.Joseph Prabakar For Respondent : Mr.R.Mahadevan Additional Government Pleader (Taxes) O R D E R Heard the learned counsel appearing for the petitioner and the learned Additional Government Pleader appearing on behalf of the respondent. 2. By consent of both the parties, the writ petition is taken up for final hearing and disposal. 3. At this stage of the hearing of the writ petition, the learned counsel appearing on behalf of the petitioner had submitted that it would suffice, if a direction is issued to the respondent to release the goods detained, vide Goods Detention Notice No.3011/2010-2011, dated 21.12.2010, on the petitioner paying 4% of tax on Rs.6,95,27,708/- and on the petitioner furnishing a bank guarantee https://hcservices.ecourts.gov.in/hcservices/ for the remaining 8.5% of tax on the said amount, to the satisfaction of respondent. 4. The learned Additional Government Pleader appearing on behalf of the respondent, has no objection for such an order being passed by this Court. 5. In view of the submissions made by the learned counsels appearing on either side, the respondent is directed to release the goods detained, vide Goods Detention Notice No.3011/2010-2011, dated 21.12.2010, on the petitioner paying 4% of tax on Rs.6,95,27,708/- and on the petitioner furnishing a bank guarantee for the remaining 8.5% of tax on the said amount, to the satisfaction of respondent. The adjudication process shall be completed by the respondent, within a period of four weeks from the date of receipt of a copy of this order. The writ petition is ordered accordingly. No costs. Consequently, connected miscellaneous petitions are closed. 11.01.2011 These Petition having been posted on this day 12.1.2011 for being mentioned subsequent to the order of this Court dated 11.1.2011 and made herein and in the presence of the aforesaid Advocate, the Court made the following Order:- This matter was taken up for hearing today, 'on being mentioned'. On hearing the learned Counsel appearing on behalf of the petitioner and the learned Additional Government Pleader appearing on behalf of the respondent, the earlier orders, dated 11.1.2011, made in W.P.No.527 of 2011 and W.P.No.528 of 2011, shall stand modified and a fresh order is passed, as follows:- COMMON ORDER Heard the learned counsel appearing for the petitioner and the learned Additional Government Pleader appearing on behalf of the respondent. 2.By consent of both the parties, the writ petitions are taken up for final hearing and disposal. 3.At this stage of the hearing of the writ petitions, the learned counsel appearing on behalf of the petitioner had submitted that it would suffice, if a direction is issued to the respondent to release the goods detained, vide Goods Detention Notice No.3011/2010- 2011, dated 21.12.2010, and Goods Detention Notice No.3012/2010-2011, dated 21.12.2010 on the petitioner paying 4% of tax on Rs.6,95,27,708/- and on the petitioner furnishing a bank guarantee https://hcservices.ecourts.gov.in/hcservices/ for the remaining 8.5% of tax on the said amount, to the satisfaction of respondent. 4.The learned Additional Government Pleader appearing on behalf of the respondent, has no objection for such an order being passed by this Court, subject to the adjudication proceedings. 5.In view of the submissions made by the learned counsels appearing on either side, the respondent is directed to release the goods detained, vide Goods Detention Notice No.3011/2010-2011, dated 21.12.2010, and Goods Detention Notice No.3012/2010-2011, dated 21.12.2010, on the petitioner paying 4% of tax on Rs.6,95,27,708/- and on the petitioner furnishing a bank guarantee for the remaining 8.5% of tax on the said amount, to the satisfaction of respondent. The adjudication process shall be completed by the respondent, within a period of four weeks from the date of receipt of a copy of this order. The writ petitions are ordered accordingly. No costs. Consequently, connected miscellaneous petitions are closed. Sd/- Asst.Registrar. /true copy/ Sub Asst.Registrar. csh To Assistant Commercial Tax Officer, *To be Substituted to the Puzhal (Outgoing) Check Post, order already despatched O/o. The Assistant Commissioner (CT), on 11.1.2011 Puzhal Check Post, Chennai-600 066. 1 cc to Spl. Government Pleader, Sr. 2554 1 cc to M/s. Joseph Prabhakar, Advocate, Sr.*3100 Writ Petition No.527 of 2011 LA (CO) kk 11/1 TP/12.1.2011. https://hcservices.ecourts.gov.in/hcservices/