G BALAKRISHNAN PROPRIETOR Vs. COMMERCIAL TAX OFFICER FAC

JUDGEMENT

(1.) THE above Writ Appeals have been filed against the common order dated 05. 12. 2005, made in W. P. Nos. 34958 and 34959 of 2005, in and by which, the learned single Judge, in order to give an opportunity to the petitioner/the appellant herein, directed him to pay a sum of Rs. 2,00,000/- within a period of four weeks from the date of the order. In the said order, the learned Judge also directed the second respondent therein, viz. , the Inspector of Police, Vigilance and Anti Corruption, Salem, to furnish xerox copies of the documents required by the petitioner on compliance of the condition imposed on him. THE order further shows that after receipt of the copies required, the petitioner was to submit the same to the first respondent/the Commercial Tax Officer (FAC), Salem Town North, Sale m , within a period of two weeks thereafter. Further direction was issued to the first respondent to pass orders on merits and in accordance with law after affording opportunity to the petitioner.

(2.) HEARD learned counsel for the appellant. In view of the fact that a direction has been issued to the inspector of Police, Vigilance and Anti Corruption, Salem, who seized all the records, for furnishing xerox copies of the required documents to the petitioner/appellant, on payment of Rs. 2,00,000/- as a condition, enabling him to place the same before the Tax Authority/the Commercial Tax Officer, Salem Town North, Salem; and taking note of the fact that the learned Judge has exercised his discretion judiciously and also of the fact that depending upon the outcome of the enquiry by the first respondent, the amount to be deposited will be adjusted, we are of the view that there is no ground for interference.