IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 30.6.2011 CORAM THE HON'BLE MR.JUSTICE M.JAICHANDREN Writ Petition No.12913 of 2011 M.G.M.RAJAN [ PETITIONER ] Vs 1 THE INCOME-TAX DEPARTMENT REP. BY ITS COMMISSIONER AAYAKAR BHAVAN, NO.121, GANDHI SALAI CHENNAI-34. 2 THE RECOVERY OFFICER-VII INCOME-TAX DEPARTMENT, OFFICE OF THE TAX RECOVERY OFFICE COMPANY RANGE-V 4TH FLOOR AAYAKAR BHAVAN NO.121 GANDHI SALAI CHENNAI-34. 3 M/S. MAX WORTH HOME LTD. REPRESENTED BY ITS CHAIRMAN / PRINCIPAL OFFICER, HAVING OFFICE AT MAXWORTH NAGAR 153, SUNNAMBU KOLATTUR VILLAGE, CHENNAI-117. 4 THE SUB-REGISTRAR PALLAVARAM, CHENNAI. [ RESPONDENTS ] Prayer: Petition filed under Article 226 of the Constitution of India praying for the issuance of a Writ of Certiorarified Mandamus calling for the records of the 2nd Respondent relating to the order of attachment of immovable property vide TR.No.M/47/83/2006-2007 dated 11.9.2006 and quash the same in so far as the Petitioner's property situate at Block No.'B', Plot No.884C at No.153, Sunnambu Kolattur Village, No.97, Madipakkam, Tambaram Tq., in survey No.398/4 part and 397/18 part and direct the respondents 1 and 2 to forbear them from in anyway interfering with the Petitioner's possession and enjoyment of the abovesaid property. For petitioner : Mr.D.S.Rajasekaran For respondents : Mr.T.R.Senthilkumar for R1 and R2 Mr.N.Sakthivel Government Advocate for R4 https://hcservices.ecourts.gov.in/hcservices/ O R D E R The learned counsels take notice for the respondents. 2. Though the prayer is for a larger relief, the learned counsel appearing on behalf of the petitioner had submitted that it would suffice, if the second respondent is directed to dispose of the representation, dated 10.5.2011, on merits and in accordance with law, within a specified period. 3. The learned counsels appearing on behalf of the respondents, have no objection for such an order being passed by this Court. 4. In view of the submissions made by the learned counsels appearing on either side, the second respondent is directed to dispose of the representation, dated 10.5.2011, on merits and in accordance with law, after giving an opportunity of personal hearing to the petitioner, as well as to the third respondent and the other persons concerned, if any, within a period of eight weeks from the date of receipt of a copy of this order. The petitioner is directed to furnish a copy of the representation, dated 10.5.2011, to the second respondent, along with a copy of this order. However, it is made clear that this Court, by this order, has not expressed any opinion on the merits of the matter. 5. Accordingly, the writ petition is disposed of, with the above directions. No costs. Connected M.P.Nos.1 and 2 of 2011 are closed. Sd/ Asst.Registrar //True Copy// Sub.Asst.Registrar lan To: 1 THE COMMISSIONER THE INCOME-TAX DEPARTMENT AAYAKAR BHAVAN, NO.121, GANDHI SALAI CHENNAI-34. 2 THE RECOVERY OFFICER-VII INCOME-TAX DEPARTMENT, OFFICE OF THE TAX RECOVERY OFFICE COMPANY RANGE-V 4TH FLOOR AAYAKAR BHAVAN NO.121 GANDHI SALAI CHENNAI-34. https://hcservices.ecourts.gov.in/hcservices/ 3 THE CHAIRMAN / PRINCIPAL OFFICER, HAVING OFFICE AT MAXWORTH NAGAR M/S. MAX WORTH HOME LTD. 153, SUNNAMBU KOLATTUR VILLAGE, CHENNAI-117. 4 THE SUB-REGISTRAR PALLAVARAM, CHENNAI. 1 cc to Mr. R.Netesan, Advocate, Sr.No.38062 Writ Petition No.12913 of 2011 MG(CO) PMK.6.7.2011 https://hcservices.ecourts.gov.in/hcservices/