Madras High CourtWP(MD)/5540/2023disposed of

Selvarani .T v. The State Tax Officer

2024-08-29Honourable Mr Justice Mohammed Shaffiq4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 29.08.2024

CORAM

THE HONOURABLE MR.JUSTICE MOHAMMED SHAFFIQ and W.M.P.(MD)Nos.5167, 5168 and 5169 of 2023 T.Selvarani ... Petitioner Vs.

1.The State Tax Officer, No.29/3, Kalakkadu Road, Nanguneri - 627 108.

Tirunelveli District.

2.The Sub Registrar, Radhapuram, Tirunelveli District.

3.M.Joseph ... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Certiorarified Mandamus, to call for the records on the file of the first respondent in Na.Ka.A3/2933/2013, dated 27.10.2022 in Form 7 and 7A of the Tamil Nadu Revenue Recovery Act 1864 and quash the same and consequently direct the first respondent to raise the encumbrance created on the 1 acre 21 cents of the land of the petitioner comprised in Sy.No.205(8) and 206(2) of Vijayapathi Village, Radhapuram Taluk, Tirunelveli District, as per 1/4

Document No.3/2018, dated 05.01.2018 on the file of the second respondent in favour of the Commercial Taxes Department, State Tax Office, Nanguneri. For Petitioner : Mr.Raguvaran Gopalan For Mr.A.Mohamed Hashim For R-1 : Mr.R.Suresh Kumar Additional Government Pleader For R-2 : Mr.P.Subbaraj Special Government Pleader

O R D E R

This Writ Petition is filed challenging the order dated 27.10.2022 in Form 7 and 7A of the Tamil Nadu Revenue Recovery Act 1864 and consequently direct the first respondent to raise the encumbrance created on 1 acre 21 cents of the land of the petitioner comprised in Sy.No.205(8) and 206(2) of Vijayapathi Village, Radhapuram Taluk, Tirunelveli District, as per Document No.3/2018, dated 05.01.2018 on the file of the second respondent in favour of the Commercial Taxes Department, State Tax Office, Nanguneri.

2. When the matter was taken up for hearing, the learned Additional Government Pleader for the first respondent would submit that the entire dues had been paid by the third respondent and thus the authorities do not intend to 2/4

proceed against the properties purchased by the petitioner and they would also take appropriate steps to ensure that the encumbrance is also removed from the subject property.

3. Recording the same, this Writ Petition stands closed. No costs. Consequently, connected miscellaneous petitions are closed. 29.08.2024 NCC:yes/no Index:yes/no Internet:yes/no Nsr To:

1.The State Tax Officer, No.29/3, Kalakkadu Road, Nanguneri - 627 108.

Tirunelveli District.

2.The Sub Registrar, Radhapuram, Tirunelveli District.

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MOHAMMED SHAFFIQ, J.

Nsr 29.08.2024 4/4