The Commissioner vs. The Superintendent Of CGST And

WP(MD)/811/2018HC MadrasGSTCNR HCMD01083077201831 August 2020Bench: HONOURABLE MR JUSTICE G.R.SWAMINATHAN2 pages
AI SummaryWithdrawn

Held

The Court granted the petitioner's request to withdraw the writ petition. Consequently, the writ petition was dismissed as withdrawn. No costs were imposed. The connected miscellaneous petition was also closed. The Court did not delve into the merits of the case or the validity of the impugned notice issued by the respondent. The decision to dismiss the petition as withdrawn means that the underlying dispute between the petitioner and the respondent remains unresolved on its merits. The ratio decidendi is that a party has the right to withdraw their case at any stage, and the court will typically grant such a request without adjudicating the substantive issues.

Facts

The petitioner, the Commissioner of Kadayanallur Municipality, filed a writ petition before the Madurai Bench of the Madras High Court. The petition challenged an order (O.C.No.548/2017) dated 24.11.2017, issued by the respondent, the Superintendent of CGST and C.Ex., Tenkasi Range. The specific nature of the dispute and the amount in dispute are not detailed in the provided text. The procedural history is limited to the filing of the writ petition and the subsequent withdrawal request.

Key Issues

1. Whether the impugned notice issued by the respondent is liable to be quashed? (Question of law) The petitioner sought to withdraw the writ petition. The respondent's arguments are not recorded in the judgment. The petitioner's counsel sought leave to withdraw the petition, which was granted by the Court.

AI-generated summary — verify with the full judgment below

Cause title — parties, addresses and appearances
1 W.P.(MD)No.811 of 2018 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 31.08.2020 CORAM THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN W.P.(MD)No.811 of 2018 and W.M.P.(MD)No.876 of 2018 The Commissioner, Kadayanallur Municipality, Kadayanallur, Tirunelveli District. ... Petitioner Vs. The Superintendent of CGST and C.Ex., O/o.The Superintendent of Central Goods and Service Tax and Central Excise, Tenkasi Range, No.1A & 1 B, Courtallam Main Road, Nannagaram, Melagaram Post, Tenkasi – 627 818. ... Respondents Prayer: Writ petition is filed under Article 226 of the Constitution of India, to issue a Writ of Certiorari, to call for the records pertaining to the impugned notice issued by the respondent in O.C.No.548/2017, dated 24.11.2017, quash the same. For Petitioner : Mr.T.Bashyam For Respondent : Mr.B.Vijay Karthikeyan

Mr.T.Bashyam, learned counsel appearing for the petitioner seeks leave to withdraw this petition. Permission is granted. 2.This Writ Petition is dismissed as withdrawn. No costs.

Consequently, connected miscellaneous petition is closed.

Assistant Regis

The judgment continues below.

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