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Madras High CourtWP/28602/2023disposed of

Manikandan v. The Senior Manager

2023-10-10Honourable Mr Justice Krishnan Ramasamy6 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 10.10.2023 Coram The Honourable Mr.Justice Krishnan Ramasamy W.P.No.28602 of 2023 Manikandan

...Petitioner

Vs.

1. The Senior Manager, NSDL e-Governance Infrastructure Ltd., Income Tax Pan Services Unit 1st Floor Times Tower, Kamala Mills Compound, Senapati Bapat Marg, Lower Parel, Mumbai - 400 013.

2. The Commissioner of Income Tax (Admin & Tax Payer Service) Aayakar Bhavan, 1st Floor, Main Building, No121, M.G.Road, Chennai - 600 034.

3. Manikandan No.5/6, 91, Anathan Nagar, 3rd Cross Muneeswaran Nagar, Hosur Tamil Nadu - 635 109.

...Respondents

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Writ Petition filed under Article 226 of the Constitution of India praying for the issuance of a Writ of Mandamus directing the second respondent to allot a new PAN number by consider the petitioner's representation dated 17.06.2022.

For Petitioner : M/s.U.Parvatha Varthini For Respondents 1 & 2 : Mr.V.Mahalingam Senior Standing Counsel Respondent-3 : Notice dispensed with

O R D E R

The prayer, in the Writ Petition is filed for issuance of a mandamus, directing the second respondent to allot a new PAN number by considering the petitioner's representation dated 17.06.2022.

2. M/s.U.Parvatha Varthini, learned counsel appearing for the petitioner would submit that the petitioner came to know recently that there is a Permanent Account Number Card (PAN Card) issued to another person, viz., the third respondent, with the same PAN Number as that was issued to the petitioner, and hence, the petitioner approached the respondents along with representation so as to investigate on the said issue and to issue new 2/6

PAN Card, however, till date, no action has been taken, which necessitated the petitioner to approach this Court, by way of the present Writ Petition seeking for aforesaid relief.

3. On earlier occasion, i.e. 03.10.2023, when the matter was taken up, Mr.V.Mahalingam, learned Senior Standing Counsel, who accepted notice on behalf of the respondents 1 and 2 submitted that the prayer made by the petitioner would be considered and requested the matter to be adjourned by a week's time. Accordingly, the matter is adjourned to today (ie.10.10.2023). Today, when the Writ Petition is taken up, the learned Senior Standing Counsel for the respondents 1 and 2 submitted that the respondents 1 and 2 are in the process of issuing new PAN Card Number and the same will be issued within a week.

4. Heard M/s.U.Parvatha Varthini, learned counsel appearing for the petitioner and Mr.V.Mahalingam, learned Senior Standing Counsel for respondents 1 and 2. Considering the nature of order that is to be passed herein, this Court is of the view that the third respondent need not be served 3/6

with notice. Accordingly, notice to third respondent is dispensed with.

5. Considering the limited scope of the prayer in this Writ Petition, and in view of the above submission made by the learned Senior Standing Counsel for the respondent-Department, this Writ Petition is disposed of by directing the respondents 1 and 2 to consider the representation made by the petitioner dated 17.06.2022 and dispose of the same by issuing new PAN Card to the petitioner within a period of one week from the date of receipt of a copy of this order. No costs.

10.10.2023 sd Index : yes/no 4/6

To

1. The Senior Manager, NSDL e-Governance Infrastructure Ltd., Income Tax Pan Services Unit 1st Floor Times Tower, Kamala Mills Compound, Senapati Bapat Marg, Lower Parel, Mumbai - 400 013.

2. The Commissioner of Income Tax (Admin & Tax Payer Service) Aayakar Bhavan, 1st Floor, Main Building, No121, M.G.Road, Chennai - 600 034.

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Krishnan Ramasamy,J., sd W.P.No.28602 of 2023 10.10.2023 6/6