IN THE HIGH COURT OF JUDICATURE AT MADRAS DATE: 12.04.2011 CORAM THE HONOURABLE MR.JUSTICE M.JAICHANDREN Writ Petition No.8091 of 2011 and M.P.Nos.1 and 2 of 2011 Anthony Garments Pvt., Ltd., S.F.No.351/2, Govindammal Lay-out, VOC Nagar, Valayankadu, Gandhi Nagar Post, Tirupur 641 603 Represented by: Mr.A.Joseph Antony, Managing Director. .. Petitioner. Versus 1.The Commercial Tax Officer, Enforcement III, Tirupur. 2.The Assistant Commissioner (CT), Tirupur (North) Assessment Circle, Tirupur. .. Respondents. Prayer: Petition filed seeking for a writ of Certiorarified Mandamus, to call for the records of the second respondent bank attachment order in Ref: R.C.No.33932306337/2011/A3 dated 17.03.2011, quash the same with a consequential direction to consider and dispose of the representation dated 28.02.2011 filed by the petitioner seeking return of two post dated cheques. For Petitioner : Mr.MD.Ghafoorur Rahman For Respondents : Mr.R.Mahadevan, AGP (T) O R D E R
Heard the learned counsel appearing on behalf of the petitioner, the learned Additional Government Pleader (Taxes) appearing on behalf of the respondents.
2. At this stage of the hearing of the writ petition, the learned counsel appearing on behalf of the respondents had submitted that the amount of tax due from the petitioner had already been realised by way of an attachment of the bank account of the petitioner. Therefore, the two post dated cheques issued by the petitioner bearing Cheque No.833140, dated 18.01.2011, for a sum of Rs.2 lakhs and the Cheque No.833141, dated 28.01.2011, for a sum of Rs.1,82,278/-, shall be returned to the petitioner.
3. In view of the submissions made by the learned counsel appearing on behalf of the respondents, the second respondent is directed to return the two post dated cheques bearing cheque No.833140, dated 18.01.2011, for a sum of Rs.2 lakhs and the cheque No.833141, dated 28.01.2011, for a sum of Rs.1,82,278/-, to the petitioner within a period of ten days from the date of reciept of a copy of this order.
The writ petition is ordered accordingly. No costs. Consequently, connected miscellaneous petitions are closed.
cse
To
1.The Commercial Tax Officer,
Enforcement III, Tirupur.
2.The Assistant Commissioner (CT),
Tirupur (North) Assessment Circle,
Tirupur