V.K. Electricals v. The Tax Recovery Officer

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 10.12.2021

CORAM:

THE HONOURABLE MR.JUSTICE C.SARAVANAN WP.No.3126 of 2021 and WMP.No.3551 of 2021 [Video Conferencing] V.K.Electricals Rep by its Prop J.Vijayakumar 4/480, Roja Street Poonga Nagar Thiruvallur 602 002.

....Petitioner -Vs.-

1. The Tax Recovery Officer Office of the Principal Commissioner of Income Tax 3rd Floor, Aayakar Bhavan 121, M.G.Road, Nungambakkam Coimbatore - 600 034.

2. The Authorised Officer Bank of Baroda Zonal Stressed Asset Recovery Branch 1st Floor, No.74, Thiagaraya Road T.Nagar, Chennai 600 017.

3. The Sub Registrar Manavala Nagar Thiruvallur Taluk Thiruvallur.

.... Respondents Prayer :- Writ Petition filed under Article 226 of the Constitution of India to issue a Writ of declaration to declare the mortgage dated 13.12.2015 in favour of the 2nd respondent bank has priority over the Income Tax due to the 1st respondent and consequently raise the Order of Attachment dt 01.12.2017 passed by the 1st respondent vide proceedings T.R.No.:134/TRO-4/201718/AACL. For Petitioner :

Mr.S.Sethuraman

For Respondents : Mrs.Hema Muralikrishnan, Senior Standing Counsel, for R1 Mr.R.Ramasubramaniam Raja, for R2 Mr.R.Vigneshwaran, G.A., for R3

ORDER

Heard Mr.S.Sethuraman, learned counsel for the petitioner; Mrs.Hema Muralikrishnan, learned Senior Standing Counsel for the Income Tax Department (R1); Mr.R.Ramasubramaniam Raja, learned counsel for second respondent and Mr.R.Vigneshwaran, learned Government Advocate for third respondent.

2.Today, when the matter was taken up for final hearing, the learned counsel appearing on behalf of the Income Tax Department filed a memo together with an order dated 09.12.2021, whereby it is informed that the attachment of the property has been lifted. The operative portion of the said order which has been sent to the office of the third respondent is reproduced hereunder: "In connection with the Income Tax default of M/s.LVR Farms (P) ltd. PAN:AAACL7670C, the under mentioned immovable property is attached by the Income Tax department vide T.R.No.134/TRO-4/2017-18/AAACL7670C dated 15/12/2017 by TRO-4, Chennai.

Survey No Description Area 514,515,516,517, 518/1518/2519, 523/2,524,527,52 8, 529,532,533,535, 537,538,539 House Site 44.24 cent On verification of records, it is noted that there is no demand pending in this case.

In this regard, it is requested to lift the attachment made to the above mentioned immovable property."

3.In the light of the above, nothing survives in this Writ Petition, except to direct the third respondent to pass appropriate orders by registering the property purchased by the petitioner and to hand over the registered document to the petitioner. The said exercise shall be carried out by the third respondent within a period of two weeks from today, subject to the petitioner paying requisite stamp duty/registration charges payable.

4.The Writ Petition stands disposed of with the above directions. Consequently, connected miscellaneous petition is closed. No costs.

Sd/- Assistant Registrar(CS VII) //True Copy// Sub Assistant Registrar pgp To

1. The Tax Recovery Officer Office of the Principal Commissioner of Income Tax 3rd Floor, Aayakar Bhavan 121, M.G.Road, Nungambakkam Coimbatore - 600 034.

2. The Authorised Officer Bank of Baroda Zonal Stressed Asset Recovery Branch 1st Floor, No.74, Thiagaraya Road T.Nagar, Chennai 600 017.

3. The Sub Registrar Manavala Nagar Thiruvallur Taluk Thiruvallur.

+1cc to Mr.R.Ramasubramaniam Raja, Advocate, S.R.No.65747 +1cc to Mr.S.Sethuraman, Advocate, S.R.No.65889 +1cc to Mrs.Hema Muralikrishnan, Advocate, S.R.No.65950 +1cc to the Government Pleader, S.R.No.66139 W.P.No.3126 of 2021 MG(CO) CT/17/12/2021