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Madras High CourtWP(MD)/6121/2012allowed

G.Kanagaraj v. The Assistant Commissioner

2021-01-25Honourable Mr Justice G.R.Swaminathan2 pages

1 W.P.(MD)NO.6121 OF 2020 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 25.01.2021

CORAM

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN W.P.(MD)No.6121 of 2012 and M.P.(MD)No.1 of 2012 G.Kanagaraj ... Petitioner Vs.

The Assistant Commissioner,(CT)II, Rajapalayam.

... Respondent Prayer: Writ petition is filed under Article 226 of the Constitution of India, to issue a Writ of Certiorari, to call for the records of the respondent and quash the impugned proceedings No.Na.Ka.No.A3/1643/2005 dated 17.04.2012.

For Petitioner : Mr.B.Raveendran, for Mr.D.Srinivasaragavan.

For Respondent : Mr.Dayalan, Government Advocate.

* * *

O R D E R

Heard the learned counsel appearing for the petitioner and the learned Government Advocate appearing for the respondent.

2. What is under challenge in this writ petition is the order of recovery. It is pointed out that the recovery order was issued during the pendency of W.P.(MD)Nos.2351 to 2355 of 2011 where interim stay was granted. Today the aforesaid writ petitions were allowed and remitted to the file of the respondent. Therefore, the consequential order impugned in this writ petition is quashed. This writ petition stands allowed. No costs. Consequently, connected miscellaneous petition is closed.

Sd/- Assistant Registrar (CO) // True Copy // / /2021 Sub Assistant Registrar(CS) pmu Note: In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the https://hcservices.ecourts.gov.in/hcservices/ 1/3

2 W.P.(MD)NO.6121 OF 2020 correct copy, shall be the responsibility of the advocate/litigant concerned.

To:

The Assistant Commissioner,(CT)II, Rajapalayam.

W.P.(MD)No.6121 of 2011 25.01.2021 MJ(CO) KK(03.02.2021) 2P 2C https://hcservices.ecourts.gov.in/hcservices/ 2/3