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Madras High CourtWP/6417/2017withdrawn dismissed

Katamreddy Pavan Kumar, v. Union Of India Rep.By

2022-01-31Honourable Mr Justice Krishnan Ramasamy3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 31.01.2022 C O R A M THE HON'BLE MR. JUSTICE KRISHNAN RAMASAMY W.P.No.6417 of 2017 Katamreddy Pavan Kumar

...Petitioner

Vs 1.Union of India Represented by the Secretary, Department of Economic Affairs, Ministry of Finance, New Delhi - 110 001.

2.The General Manager, Issues Department Reserve Bank of India, 16, Rajaji Salai, Chennai 600 001.

3.Deputy Director of Income Tax (Inv.) Unit - IV (3), 3rd Floor, Rajkamal Complex, Lakshmipuram Main Road, Guntur.

4.The Sub-Inspector of Police, Chillakur Police Station, Chillakur, Nellore District.

... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India, prayed for the issuance of Writ of Mandamus, directing the fourth respondent to deposit Rs.10 Lakhs seized from the petitioner in demonetized currency with the second respondent on account of the petitioner, consequently directing the second respondent to transfer the said amount to the bank account of the petitioner i.e Oriental Bank of Commerce, Kilpauk Branch A/c.No.10652010013290, IFSC : ORBC0101065.

For Petitioner : Mr.T.Srikrishna Bhagavat For R2 : Mr.Mr.C.Mohan for M/s.King and Patridge For R3 : Mr.Hema Muralikrishnan For R4 : No Appearance

ORDER

This Writ Petition has been filed seeking for the issuance of Writ of Mandamus, directing the fourth respondent to deposit Rs.10 Lakhs seized from the petitioner in demonetized currency with the second respondent on account of the petitioner, consequently directing the second respondent to transfer the said amount to the bank account of the petitioner i.e Oriental Bank of Commerce, Kilpauk Branch A/c.No.10652010013290. 2.When the matter is taken up for hearing, the learned counsel for the petitioner seeks leave of this Court to withdraw the Writ Petition with liberty to approach the High Court of Andhra Pradesh since he invoked the jurisdiction of this Court wrongly. He further submits that since the petitioner and the second respondent are within the jurisdiction, he filed the present Writ Petition.

3.Considering the submission made by the learned counsel for the petitioner, this Writ Petition is dismissed as withdrawn with liberty to the petitioner to raise all the points before the High Court of Andhra Pradesh, if so advised. No Costs. Sd/- Assistant Registrar(CS-IV) //True copy// Sub Assistant Registrar rst To:

1.The Secretary, Union of India Department of Economic Affairs, Ministry of Finance, New Delhi - 110 001.

2.The General Manager, Issues Department Reserve Bank of India, 16, Rajaji Salai, Chennai 600 001.

3.Deputy Director of Income Tax (Inv.) Unit - IV (3), 3rd Floor, Rajkamal Complex, Lakshmipuram Main Road, Guntur.

4.The Sub-Inspector of Police, Chillakur Police Station, Chillakur, Nellore District.

+1cc to M/s.King and Patridge, Advocate SR.No.5797 +1cc to Mr.Hema Muralikrishnan, Advocate SR.No.6077 +1cc to Mr.P.Subba Reddy, Advocate SR.No.6514 +1cc to Government Pleader SR.No.6459 W.P.No.6417 of 2017 PL(CO) GMY(21/02/2022)