Madras High Court
M/S.Lakshmi Engineering Works vs 2 The Assistant Commissioner (St) on 8 February, 2023
W.P.No.3525 of 2023
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 08.02.2023
CORAM:
THE HONOURABLE MR.JUSTICE ABDUL QUDDHOSE
W.P.No.3525 of 2023 &
W.M.P.Nos.3561 & 3562 of 2023
M/s.Lakshmi Engineering Works
Rep. by its Proprietrix Ms.Vijayalakshmi
New No.33(Old No.25) Thirumal Murugan Koil Street
Union Carbide Colony Nanganallur
Chennai-600 061. ... Petitioner
vs.
1 The Public Relation Officer
The Sub-Registrar,
Ponamallee, Melma Nagar,
Ponamallee, Chennai-600 056.
2 The Assistant Commissioner (ST),
Royapettah Assessment Circle,
Room No.206 2nd Floor,
Integrated Bulding for Commercial Taxes and
Registration Department South Tower,
Saidapet, Government Farm Village, Chennai - 600 035.
...Respondents
Prayer: Writ petition filed under Article 226 of the Constitution of India
for writ of Certiorarified Mandamus calling for the records of the first
1/7
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W.P.No.3525 of 2023
respondent in Document K.No.371/2022 dated 06.06.2022 quash the same
and further direct the first respondent to remove the attachment made in
Document No.5/2020 dated 09.08.2010.
For Petitioner : Mr.V.Sundareswaran
For Respondent 1 : Mr.R.Neethi Perumal,
Government Advocate
For Respondent 2 : Mr.V.Prasanth Kiran,
Government Advocate
ORDER
The issue that arises for consideration in this writ petition is whether
the property purchased by the petitioner under the SARFAESI proceedings
can be the subject matter of subsequent attachment, on account of non
payment of the statutory dues by the borrower who had availed loan prior to
the purchase by the petitioner.
2. Mr.R.Neethi Perumal, learned Government Advocate accepts
notice on behalf of the first respondent and Mr.V.Prasanth Kiran, learned
Government Advocate accepts notice on behalf of the second respondent.
By consent of both the parties, this writ petition is taken up for final
disposal in the admission stage itself.
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W.P.No.3525 of 2023
3. The petitioner purchased a property under the SARFAESI
proceedings through public auction on 02.11.2009 and a sale certificate was
also issued in favour of the petitioner. However, according to the petitioner,
arbitrarily and illegally, subsequent to the purchase, for non-payment of the
statutory dues by the erstwhile borrower, the very same property has been
attached by the second respondent on 09.08.2010. The petitioner also
contends that they are a bonafide purchaser and they were not aware of the
statutory dues payable by the borrower to the second respondent. The
petitioner has given a representation on 10.06.2022 requesting the
respondents to raise the order of attachment which according to the
petitioner, has been made arbitrarily and illegally. Since the said
representation has not been considered till date, the petitioner has filed this
writ petition.
4. Heard, Mr.V.Sundareswaran, learned counsel for the petitioner,
Mr.R.Neethi Perumal, learned Government Advocate appearing for the first
respondent and Mr.V.Prasanth Kiran, learned Government Advocate
appearing for the second respondent.
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W.P.No.3525 of 2023
5. Eventhough the petitioner has challenged the document
K.No.371/2022 dated 06.06.2022, the learned counsel for the petitioner
would now submit that the petitioner will be satisfied if the petitioner's
representation referred to supra is considered on merits and in accordance
with law within a time frame to be fixed by this Court, after giving due
consideration to the Division Bench Judgment of this Court in the case of
Assistant Commissioner of Customs (Bonds) vs. Annam Steels Private
Limited and Ors. reported in MANU/TN/5003/2022 which the petitioner
relied upon.
6. No prejudice would be caused to the respondents, if such a
direction is issued by this Court as this Court is not expressing any opinion
on the merits of the petitioner's representation. It is for the respondents to
consider the petitioner's representation on merits.
7. For the foregoing reasons, this Court directs the respondents to
pass final orders on merits and in accordance with law on the petitioner's
representation dated 10.6.2022 requesting the respondents to raise the order
of attachment effected over the petitioner's property under document No.5
of 2010 dated 09.08.2010 within a period of eight weeks from the date of
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W.P.No.3525 of 2023
receipt of a copy of this Order, after giving due consideration to the
Division Bench Judgment of this Court in the case of Assistant
Commissioner of Customs (Bonds) vs. Annam Steels Private Limited and
Ors. reported in MANU/TN/5003/2022 and after providing one personal
hearing to the petitioner.
8. With the aforesaid direction, this writ petition is disposed of. No
costs. Consequently, connected miscellaneous petitions are closed.
08.02.2023
nl
Index: Yes/No
Speaking order/Non-Speaking Order
Neutral Citation : Yes/No
https://www.mhc.tn.gov.in/judis
W.P.No.3525 of 2023
To
1 The Public Relation Officer
The Sub-Registrar,
Ponamallee, Melma Nagar,
Ponamallee, Chennai-600 056.
2 The Assistant Commissioner (ST),
Royapettah Assessment Circle,
Room No.206 2nd Floor,
Integrated Bulding for Commercial Taxes and
Registration Department South Tower,
Saidapet, Government Farm Village, Chennai - 600 035.
https://www.mhc.tn.gov.in/judis
W.P.No.3525 of 2023
ABDUL QUDDHOSE, J.
nl
W.P.No.3525 of 2023
08.02.2023
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