M.Pandiyan vs. The Chief General Manager
Facts
The petitioner, M. Pandiyan, filed a writ petition seeking a Mandamus directing the respondents, officials of BSNL, to consider his representations dated 21.02.2018 and 18.03.2018. The petitioner requested the settlement of arrears of service tax amounting to Rs. 16,93,278/- for the period from 16.06.2005 to 30.11.2006, to be paid to the Commissioner of Central Excise, Service Tax and GST, Trichirappalli. The respondents are various General Managers (Telecom) of BSNL and the Chief General Manager (Telecom) of BSNL. The writ petition was filed before the Madurai Bench of the Madras High Court.
Held
The learned counsel for the petitioner sought permission from the Court to withdraw the Writ Petition. The Court granted this permission. Consequently, the Writ Petition was dismissed as withdrawn. No costs were awarded. The connected Miscellaneous Petition was also closed. The Court did not delve into the merits of the petitioner's claim regarding the service tax arrears or the period in question. The decision to dismiss the petition was solely based on the petitioner's request to withdraw it.
Key Issues
1. Whether the petitioner is entitled to a Writ of Mandamus directing the respondents to settle the arrears of service tax amounting to Rs. 16,93,278/- for the period from 16.06.2005 to 30.11.2006 and pay it to the Commissioner of Central Excise, Service Tax and GST, Trichirappalli. The petitioner argued that the respondents, BSNL officials, should consider his representations and settle the outstanding service tax arrears. The petitioner sought a direction from the Court for the settlement and payment of this amount. The judgment does not record specific arguments made by the respondents. However, the context implies that the petitioner was seeking the court's intervention to compel the respondents to act on his request regarding the service tax payment.
AI-generated summary — verify with the full judgment below
W.P.(MD)No.9682 of 2018 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 08.04.2021 CORAM THE HONOURABLE MRS.JUSTICE J.NISHA BANU W.P.(MD)No.9682 of 2018 in WMP(MD) No.8928 of 2018 M.Pandiyan
...Petitioner Vs. 1.The Chief General Manager,(Telecom), BSNL, Greems Road, Chennai. 2.The General Manager(Telecom), O/o. The General Manager BSNL, Sai Baba Colony, Karaikudi. 3.The General Manager (Telecom), O/o The General Manager BSNL, Balaji Nagar, M.C.Road, Thanjavur – 7. 4.The General Manager(Telecom), O/o, The General Manager BSNL, Srirangapalayam, Salem. 5.The General Manger(Telecom), O/o. The General Manager BSNL, Sai Baba Colony, Coimbatore – 11. ...Respondents
PRAYER: Writ petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing the 1st, 2nd,3rd,4thand 5th respondents M/s.BSNL Officials, Karaikudi, Thanjavur, Salem and Coimbatore to consider the petitioner's representation dated on 21.02.2018 and 18.03.2018 and immediately settle the arrears amount of service tax of the Govt. of India to the petitioner and pay to the Commissioner of
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