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Madras High CourtWP/31021/2018dismissed as infructuous

T.S.Kumaraswamy v. Director General Of Income Tax (Inv),

2019-01-22Honourable Mr Justice T.Raja3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 22.01.2019

CORAM

THE HONOURABLE MR.JUSTICE T.RAJA W.P.No.31021 of 2018 and W.M.P. Nos.

36183, 36184, 36186, 36189 & 36191 of 2018 T.S.Kumaraswamy ..

Petitioner -vs1.

Director General of Income Tax (Inv), Tamil Nadu & Pondicherry, New No.46, Old No.108 MG Road, Nungambakkam, Chennai-34.

2.

Principal Director of Income Tax (Inv), Investigation Wing, New No.46, Old No.108 MG Road, Chennai-34.

3.

Additional Director of Income Tax Investigation, Unit-3, New No.46, Old No.108 MG Road, Nungambakkam, Chennai-34.

4.

Deputy Director of Income Tax Investigation, Unit-3(2) New No.46, Old No.108 MG Road, Nungambakkam, Chennai-34.

5.

Deputy Director of Income Tax Investigation, Unit-4(3) New No.46, Old No.108 MG Road, Nungambakkam, Chennai-34.

6.

Assistant Commissioner of Income Tax Circle-I, No.138/3, LMR Shopping Arcade, III Floor, Salem Road, Namakkal-637 001.

.. Respondents Petition filed under Article 226 of the Constitution of India, praying for the issue of a Writ of Certiorarified Mandamus, calling for the records in respect of the order bearing reference F.No.1/court matter/PDIT (Inv.)/2018-19 dated

07.11.2018 passed by the second respondent and quashing the same in so far as it relates to the directions in paragraph 7 requiring deposit into the PD account of the second respondent and the directions in paragraph 8 are concerned and consequently restrain the respondents, their men and agents from in any manner taking any coercive steps that would prejudicially affect ability of the petitioner's businesses to perform the respective obligations under Government contracts.

For Petitioner ::

Mr.G.Masilamani, Senior Counsel for Mr.R.Parthasarathy For Respondents ::

Mr.A.P.Srinivas and Mr.A.N.R.Jaya Prathap, Standing Counsel

ORDER

The petitioner has come to this Court questioning the order bearing reference F.No.1/court matter/PDIT (Inv.)/2018-19 dated 07.11.2018 passed by the second respondent and seeking a direction restraining the respondents, their men and agents from in any manner taking any coercive steps.

2.Mr.G.Masilamani, learned senior counsel appearing for the petitioner submitted that the prayer in the writ petition has become infructuous in view of the order dated 12.12.2018 passed by the Hon'ble Division Bench in W.A. No.2440 of 2018. 3.Mr.A.P.Srinivas, learned Standing Counsel appearing for the respondents, agreed to the submission made by the learned senior counsel appearing for the petitioner.

4.In view of the above submissions, the writ petition is dismissed as infructuous. No costs. Consequently, connected Miscellaneous Petitions are closed.

Sd/- Assistant Registrar(CS IV) //True Copy// Sub Assistant Registrar vga

To 1.

Director General of Income Tax (Inv) Tamil Nadu & Pondicherry New No.46, Old No.108 MG Road, Nungambakkam, Chennai-34.

2.

Principal Director of Income Tax (Inv), Investigation Wing, New No.46, Old No.108 MG Road, Nungambakkam, Chennai-34.

3.

Additional Director of Income Tax Investigation, Unit-3, New No.46, Old No.108 MG Road, Nungambakkam, Chennai-34.

4.

Deputy Director of Income Tax Investigation, Unit-3(2) New No.46, Old No.108 MG Road, Nungambakkam, Chennai-34.

5.

Deputy Director of Income Tax Investigation, Unit-4(3) New No.46, Old No.108 MG Road, Nungambakkam, Chennai-34.

6.

Assistant Commissioner of Income Tax Circle-I, No.138/3, LMR Shopping Arcade, III Floor, Salem Road, Namakkal-637 001.

+2cc to Mr.R.Parthasarathy, Advocate, S.R.No.5018 +1cc to Mr.A.P.Srinivas, Advocate, S.R.No.4979 W.P.No.31021 of 2018 and W.M.P.Nos.

36183, 36184, 36186, 36189 & 36191 of 2018 GP(CO) CS/29/01/2019