9911796707
TMI Blog2007 (10) TMI 582X X X X Extracts X X X X X X X X Extracts X X X X ..... ay of its motor bikes, scooters and other accessories at plot Nos. 252 and 253, comprised in S. Nos. 121/1, 138/ 4, 139, 140, 141/1, 142, 145/3 to 6, 72/2, in all measuring a total extent of 22.39 acres. The abovesaid survey numbers are comprised in a layout approved by the town and country planning authority under C.S.A.R., D.T.P. No. 220-87/L. P. 164. The property in plot Nos. 252 and 253, totally measuring 7,800 square feet of vacant site was purchased in the name of S.G. Ashok Kumar, who is none other than the brother of Deepak Kumar, a partner in the said firm. He has revenue records and other title deeds in his name. The petitioner-firm is in possession of the property under a deed of declaration dated December 1, 2005 executed by S.G ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... etent authorities and that the Commissioner of Right to Information, has no jurisdiction to issue any oral instruction to the respondent for cancellation of the registration of the showroom given under the Taxation Act. Without considering his explanation in a proper perspective the respondent has cancelled the registration in a cryptic manner and, therefore, the petitioner has filed the present writ petition for the relief stated above. Heard both sides. Mr. R. Mahadevan, learned Additional Government Pleader, on instructions, submitted that the Commissioner appointed under the Right to Information Act, has passed detailed orders regarding the objections dated February 22, 2007 submitted by the Kancheepuram Kanaga Durgai Amman Nagar and ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... fundamental right guaranteed under the Constitution and keeping that in mind, the Legislature has provided a right of personal hearing before cancellation of the registration. The impugned order, which is passed in violation of the principles of natural justice, as well as nonconsideration of the explanation offered by the petitioner in the proper perspective, is liable to be set aside. Accordingly, the impugned order of the respondent dated September 19, 2007 is set aside and the respondent is directed to scrupulously follow the provisions contemplated under the Act, providing adequate opportunity to the petitioner and to pass a speaking order. With the above directions, the writ petition is disposed of. Consequently, connected miscellane ..... X X X X Extracts X X X X X X X X Extracts X X X X
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