IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 17.03.2011 CORAM THE HON'BLE MR.JUSTICE M.JAICHANDREN W.P.No.6704 of 2006 and W.P.M.P.No.7241 of 2006 D.Leelavathy .. Petitioner. Versus 1.The Director of Medical Education, Kilpauk, Chennai – 600 010. 2.The Director, Institute of Mental Health, Kilpauk, Chennai – 600 010. 3.The Superintendent, Institute of Mental Health, Kilpauk, Chennai – 600 010. 4.The Administrative Officer, Institute of Mental Health, Chennai – 600 010. 5.The Commissioner of Income Tax, No.121, Aayakar Bavan New, Opp to Ranjith Hotel, Nungambakkam High Road, Nungambakkam, Chennai – 600 034. .. Respondents. (R5 impleaded as per order dated 10.03.2011 made in M.P.No.147 of 2011) Prayer: This writ petition is filed under Article 226 of the Constitution of India praying for the issuance of a Writ of Certiorari, to call for the records on the file of the fourth respondent in connection with the order passed by him in his proceedings Na.Ka.No.1405/A1/06 dated 28.02.2006 and quash the same. https://hcservices.ecourts.gov.in/hcservices/ For Petitioner : Mr.R.Karthikeyan For Respondents : Mr.S.Naganathan Government Advocate (For R1 to R4) Mr.J.Senthilkumar (For R5) O R D E R Heard the learned counsel appearing for the petitioner and the learned Government Advocate for taxes, appearing on behalf of the respondents 1 to 4 and the learned counsel appearing on behalf of the first respondent. 2. At this stage of the hearing of the writ petition, the learned counsel appearing on behalf of the petitioner had submitted that it would suffice if the petitioner is permitted to make a representation to the fifth respondent, with regard to the refund of income tax deducted at source by the first respondent and if the fifth respondent is directed to dispose of the same, on the petitioner submitting the relevant records, including the returns filed by the petitioner. 3. The learned counsels appearing on behalf of the respondents have no objection for this Court passing such an order. 4. In view of the submissions made by the learned counsels appearing on either side, the petitioner is permitted to make a representation to the fifth respondent, with regard to the refund of income tax deducted at source by the first respondent, within a period of 15 days from the date of receipt of a copy of this order and on receipt of such representation, the fifth respondent shall consider the same and pass appropriate orders thereon, within a period of eight weeks thereafter, on merits and in accordance with law, after giving an opportunity of personal hearing to the petitioner. The writ petition is disposed of accordingly. No costs. Consequently, connected miscellaneous petition is closed. Sd/ Asst.Registrar /true copy/ Sub Asst.Registrar cse https://hcservices.ecourts.gov.in/hcservices/ To 1.The Director of Medical Education, Kilpauk, Chennai – 600 010. 2.The Director, Institute of Mental Health, Kilpauk, Chennai – 600 010. 3.The Superintendent, Institute of Mental Health, Kilpauk, Chennai – 600 010. 4.The Administrative Officer, Institute of Mental Health, Chennai – 600 010. 5.The Commissioner of Income Tax, No.121, Aayakar Bavan New, Opp to Ranjith Hotel, Nungambakkam High Road, Nungambakkam, Chennai – 600 034. 1 cc To Mr.R.Karthikeyan, Advocate, SR.19912 1 cc To Mr.J.Senthilkumar , Advocate, SR.19873 1 cc To The Government Pleader, SR.19299 W.P.No.6704 of 2006 and W.P.M.P.No.7241 of 2006 bvr(co) pmk.18.4.2011 https://hcservices.ecourts.gov.in/hcservices/