Madras High CourtWP/23015/2014allowed

B.Jayakumar v. The Income Tax Officer

2015-02-12Honourable Mr Justice T. S. Sivagnanam2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 12.02.2015

CORAM

THE HONOURABLE Mr. JUSTICE T.S.SIVAGNANAM W.P.No.23015 of 2014 B.Jayakumar, rep by his power of Attorney A.Muthuraman ..

Petitioner v.

The Income Tax Officer Ward 1 (1), Villupuram.

.. Respondent Writ Petition filed under Article 226 of the Constitution of India to issue a Writ of mandamus directing the respondent to dispose of application dated 05.06.2014 to raise the order of attachment dated 27.03.2013 made before the Sub Registrar, Villianur by the respondent within a fixed time frame in accordance with law. For Petitioner : Mr.Usha Ramman For Respondent : Mr.T.Pramod Kumar Chopda

ORDER

This writ petition has been filed seeking a direction to the respondent to dispose of the application dated 05.06.2014 to raise the order of attachment dated 27.03.2013 made before the Sub Registrar, Villianur.

2. Heard the learned counsel appearing for the petitioner and the learned Standing Counsel appearing for the respondent Department.

3. The petitioner is aggrieved by an Order of Attachment passed under Section 281-B of the Income Tax Act, by which his properties have been attached. The petitioner has filed an application for raising attachment and the said application dated 05.06.2014 has been sent by speed post. It is not known as to why the petitioner did not present the application in person.

4. Be that as it may, since the petitioner seeks for raising attachment, the petitioner is directed to appear before the respondent along with a copy of this order and the copy of the application dated 05.06.2014. As and when the petitioner appears, the respondent shall consider the same, afford an opportunity of personal hearing to the petitioner and pass orders on merits and in accordance with law within a period of eight weeks from the date he appears before the respondent.

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Accordingly, the writ petition is disposed of. No costs. Sd/- Assistant Registrar //True Copy// Sub Assistant Registrar gms To The Income Tax Officer Ward 1 (1), Villupuram.

1 cc to Mrs.Usha Ramman ,Advocate, SR.No.7737 1 cc to Mr. T.Pramod Kumar Chopda,Advocate, SR.No.7599 W.P.No.23015 of 2014 pmk.13.2.2015 https://hcservices.ecourts.gov.in/hcservices/