Indian Overseas Bankasset Recovery Management Branchno v. The Tax Recovery Officer-2,Income Tax Office

IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED : 06.11.2023 CORAM: THE HON'BLE MR. JUSTICE KRISHNAN RAMASAMY W.P. No.494 of 2023and WMP No.451 of 2023 Indian Overseas BankAsset Recovery Management BranchNo.11/952, Cross Cut Road,Coimbatore – 641 012. ... Petitioner vs. 1. The Tax Recovery Officer-2,Income Tax Office,No.67-A, Race Course Road,Race Course, Gopalapuram,Coimbatore,Tamil Nadu – 641 018. 2.M/s.Shara Faabrics,Partnership Firmrepresented by its Partnership SF No.287/1, Asaithambi Thottam,Ramanathapuram Pudhur,Bhawani Main Road, Erode – 638 005 3.Mr.B.Ravikumar 4.Mrs.R.Rajeswari 5.The Sub RegistrarErode Joint II,Erode. https://www.mhc.tn.gov.in/judis 1/4 ... Respondents W.P. No.494 of 2023 Prayer : Writ Petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus directing the first respondent to remove the attachment effected on 01.12.2017 with the office of the 5[th ]respondent in respect of secured property belonging to the 4[th] respondent so as to enable the petitioner bank or its successors to register the sale certificate in favour of auction purchaser in accordance with law. For Petitioner : Mr.M.L.Ganesh O R D E R This writ petition is filed for issuance of writ of mandamus to direct the first respondent to remove the attachment effected on 01.12.2017 with the office of the 5[th] respondent in respect of secured property belonging to the 4[th] respondent so as to enable the petitioner bank or its successors to register the sale certificate in favour of auction purchaser in accordance with law. 2. When the matter is taken up for hearing, the learned counsel W.P. No.494 of 2023 appearing for the petitioner submitted that since the sale certificate has already been registered in favour of the auction purchaser, nothing survives in the writ petition for adjudication. 3. Recording the submission made by the learned counsel for the petitioner, this writ petition is dismissed as having become infructuous. No costs. Consequently connected Miscellaneous Petition is closed. Index: Yes/NoSpeaking/Non-Speaking OrderNeutral Citation: Yes/No.rgr 08.11.2023 To 1.The Tax Recovery Officer-2,Income Tax Office,No.67-A, Race Course Road,Race Course, Gopalapuram,Coimbatore,Tamil Nadu – 641 018. 2.The Sub RegistrarErode Joint II,Erode. W.P. No.494 of 2023 KRISHNAN RAMASAMY, J.rgr W.P. No.494 of 2023 08.11.2023