Madras High Court
M.Kausalya vs The Principal Commissioner Of ... on 5 October, 2021
W.A(MD)No.1876 of 2021
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 05.10.2021
CORAM:
THE HONOURABLE MR.JUSTICE M.DURAISWAMY
AND
THE HONOURABLE MR.JUSTICE K.MURALI SHANKAR
W.A(MD)No.1876 of 2021
and
C.M.P(MD)No.8264 of 2021
M.Kausalya ... Appellant / Writ Petitioner
Vs.
1.The Principal Commissioner of Income Tax – 1,
Trichy.
2.The Deputy Commissioner of Income Tax,
Circle – 1, Trichy. ... Respondents / Respondents
Prayer: Writ Appeal filed under Clause 15 of the Letters Patent
against the order, dated 18.03.2021 made in W.P(MD)No.5110 of
2016 on the file of this Court.
For Appellant : Mr.T.Bashyam
For Respondents : Mr.N.Dilip Kumar
https://www.mhc.tn.gov.in/judis/
1/5
W.A(MD)No.1876 of 2021
JUDGMENT
(Judgment of the Court was delivered by
M.DURAISWAMY,J.)
Challenging the order passed in W.P(MD)No.5110 of 2016,
dated 18.03.2021, the writ petitioner has filed the above Writ
Appeal.
2.The appellant filed the Writ Petition to issue a Writ of
Certiorari, to call for the records pertaining to the impugned second
notice dated 31.03.2015 and the consequential communication
dated 18.02.2016 issued by the second respondent and to quash
the same.
3.On a perusal of the order impugned in the Writ Appeal, it
could be seen that the same is a consent order passed by the
learned Single Judge.
4.When the Writ Petition came up for hearing before the
learned Single Judge, the petitioner's counsel submitted that all the
contentions of the petitioner may be left open and that the
petitioner has already given her reply to the second respondent for
https://www.mhc.tn.gov.in/judis/
W.A(MD)No.1876 of 2021
the notices issued to her. The learned Single Judge directed the
second respondent to give an opportunity of personal hearing to the
appellant and thereafter pass orders in accordance with law. The
learned Single Judge also made it clear that all the contentions of
the writ petitioner are left open.
5.Since the appellant/writ petitioner has filed the Writ Appeal
as against the consent order passed by the learned Single Judge,
the same cannot be entertained by this Court.
6.In such view of the matter, the Writ Appeal is liable to be
dismissed and accordingly, the same is dismissed. No costs.
Consequently, connected Miscellaneous Petition is closed.
[M.D.,J] [K.M.S.,J.]
05.10.2021
Index :Yes/No
Internet :Yes/No
indu/ps
https://www.mhc.tn.gov.in/judis/
W.A(MD)No.1876 of 2021
Note :
In view of the present lock
down owing to COVID-19
pandemic, a web copy of
the order may be utilized
for official purposes, but,
ensuring that the copy of
the order that is presented
is the correct copy, shall
be the responsibility of the
advocate / litigant
concerned.
To
1.The Principal Commissioner of Income Tax – 1,
Trichy.
2.The Deputy Commissioner of Income Tax,
Circle – 1, Trichy.
https://www.mhc.tn.gov.in/judis/
W.A(MD)No.1876 of 2021
M.DURAISWAMY,J.
and
K.MURALI SHANKAR,J.
indu/ps
W.A(MD)No.1876 of 2021
05.10.2021
https://www.mhc.tn.gov.in/judis/
