IN THE HIGH COURT OF JUDICATURE AT MADRAS
Honourable Mr Justice C. SARAVANAN
LSrinivasan Contractor and Traders – Appellant
Versus
The Deputy State Tax Officer 1 – Respondent
##PAGE1##
WP No. 3175 of 2026
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 04-02-2026
CORAM
THE HON'BLE MR JUSTICE C. SARAVANAN
WP No. 3175 of 2026
and
W.M.P.Nos.3585 and 3586 of 2026
LSrinivasan Contractor and Traders
Rep. by its Proprietor
L.Srinivasan33AZKPS077E1Z6,No.5, V.B Sankar
Nagar,Thenpathy,Sirkali, Nagapattinam.
..Petitioner(s)
Vs
The Deputy State Tax Officer 1
Sirkali Assessment Circle,
Commercial Tax Building,
Mayilathurai
..Respondent(s)
Prayer: Writ Petition filed under Article 226 of the Constitution of India, for
issuance of a Writ of Certiorarified Mandamus, to call for the records in GSTIN
33AZKPSO778E1Z6/ 2021-22 dated 11.11.2025 issued by the respondent and
quash the same as in violation of principles of natural justice, arbitrary, wholly
without jurisdiction and direct the respondent to pass order afresh after
affording opportunity of personal hearing as contemplated under section 754 of
the TNGST Act 2017.
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##PAGE2##WP No. 3175 of 2026
For Petitioner(s): S Karunakar
For Respondent(s): Mr.C.Harsharaj
Special Government Pleader
ORDER
Mr.C.Harsharaj, learned Special Government Pleader takes notice for the
Respondent.
2. This Writ Petition is being disposed of at the stage of admission itself
with the consent of the learned counsel for the Petitioner and the learned Special
Government Pleader for the Respondent.
3. In this Writ Petition, the Petitioner has challenged the impugned Order
dated 11.11.2025, whereby, proposal in Show Cause Notice in GST DRC – 01
dated 06.08.2025 has been confirmed. In response to the aforesaid Notice, the
Petitioner had also filed a reply on 23.10.2025. The content of which has been
also extracted in the impugned order.
4. After recording the same, the impugned order merely states that despite
personal hearing notice, the Petitioner has failed to respond to the personal
hearing and therefore, the Petitioner is liable to pay tax and liability.
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##PAGE3##WP No. 3175 of 2026
5. It is noticed that there is no discussion in the impugned order as to how
the reply dated 23.10.2025 filed by the Petitioner was not acceptable. Hence,
the impugned order is arbitrary and also there is no summons. Therefore, the
impugned order is liable to be set aside.
6. Therefore, the impugned order is quashed and the case is remitted back
to the Respondent to pass a fresh order on merits as expeditiously as possible.
7. Needless to state, one opportunity shall be granted to the Petitioner to
appear for personal hearing.
8. The Petitioner shall appear before the Respondent on 23.02.2026 at
10.30 am., thereafter appropriate order shall be passed after hearing the
Petitioner.
9. Needless to state, the Petitioner shall substantiate all the contentions
raised in the reply / representation dated 23.10.2025 at the time of personal
hearing with the support of the documentary evidence.
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##PAGE4##WP No. 3175 of 2026
10. This Writ Petition stands disposed of with the above observations. No
costs. Connected Writ Miscellaneous Petitions are closed.
04-02-2026
Index: Yes/No
Speaking/Non-speaking order
Neutral Citation: Yes/No
JAS
To
The Deputy State Tax Officer 1
Sirkali Assessment Circle,
Commercial Tax Building,
Mayilathurai.
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##PAGE5##WP No. 3175 of 2026
C.SARAVANAN, J.
JAS
WP No. 3175 of 2026
and
W.M.P.Nos.3585 and 3586 of 2026
04-02-2026
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