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Madras High CourtWP/28592/2019withdrawn dismissed

P.Thirumoorthy v. The Commercial Tax Officers,

2024-01-24Honourable Mr Justice R. Mahadevan,Honourable Mr Justice Mohammed Shaffiq6 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 24.01.2024

CORAM

THE HONOURABLE MR. JUSTICE R. MAHADEVAN and THE HONOURABLE MR. JUSTICE MOHAMMED SHAFFIQ and W.M.P.Nos.28336 & 28337 of 2019 P.Thirumoorthy, S/o. Palanisamy Gounder, Ondikaranpalayam, Villarasampatti Post, Erode - 600 004.

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Petitioner Vs.

1.The Commercial Tax Officers, Chithode Circle, Office of the Commercial Tax, Brough Road, Erode.

2.The Sub-Registrar - 1, Office of the Registrar, Surampatti, Erode.

3.M.Loganathan, S/o. A. Mottaiappa Gounder, 1/ 88, Ondikaranpalayam, Villarasampatti Post, Erode District.

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4.L.Mohanambigai, D/o. Loganathan, 1/ 88, Ondikaranpalayam, Villarasampatti Post, Erode District.

5.L.Rajeswari, D/o. Loganathan, 1/ 88, Ondikaranpalayam, Villarasampatti Post, Erode District.

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Respondents Writ Petition filed under Article 226 of the Constitution of India praying for issuance of Writ of Certiorari, to call for the records with regard to the impugned demand notice dated 28.10.2010 issued by the first respondent and the consequential impugned two orders of attachment issued by the first respondent vide his office proceedings both bearing Na.Ka.No.3256/2000/A3 dated 09.09.2011 attaching the petitioner's property of agricultural land of undivided 47 cents in R.S.No.240/8 and in R.S.No.240/9 of Villarasampatti Village, Erode District, vide Docu.No.2446/2010 on the file of the second respondent and 21 cents in common in R.S.No.305/2 and 1.65-1/4 cents in common (i.e. 1.22 cents in RS.No.305/8 in common, 19.50 cents in R.S.No.305/9, 44.5 cents in R.S.No.305/10 and 1.23-1/2 cents in R.S.No.304/5 in common and in total 3.30 1⁄2 cents out of which 1⁄2 share in common) of Nasiyanur Village, Erode 2/6

Registration District vide Docu.No.4272/2010 on the file of the second respondent herein and quash the same and consequently direct the second respondent to delete the entry in his records to that effect. For Petitioner : Mr.I.C.Vasudevan For R1 : Mr.M.Venkateswaran Special Government Pleader For R2 : Mr.Abishek Murthy Government Advocate For RR 3 to 5 : Mr.Titus Enock

ORDER

(Order of the Court was made by R. Mahadevan, J.) Based on the memo dated 24.11.2023 given to the Registry by the learned counsel for the petitioner, this writ petition is listed today under the caption "for withdrawal".

2.

When the matter is called, the learned counsel appearing for the petitioner seeks permission of this court to withdraw this writ petition and also made an endorsement in the court bundle to that effect. 3/6

3.

In view of the above, this writ petition stands dismissed as withdrawn. No costs. Consequently, connected miscellaneous petitions are closed.

(R.M.D., J.) (M.S.Q., J.) 24.01.2024 Index : Yes / No Speaking Order : Yes / No nsd Note: Issue copy of this order on 29.01.2024. 4/6

To 1.The Commercial Tax Officers, Chithode Circle, Office of the Commercial Tax, Brough Road, Erode.

2.The Sub-Registrar - 1, Office of the Registrar, Surampatti, Erode.

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R. MAHADEVAN, J.

and MOHAMMED SHAFFIQ, J.

nsd 24.01.2024 6/6