V.s.paulraj v. The Deputy Commissioner Of Income Tax Circle I

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 31.07.2018 CORAM: THE HONOURABLE MR.JUSTICE M.GOVINDARAJ Writ Petition(MD)No.23452 of 2016 V.S.Paulraj Vs. ... Petitioner 1. The Deputy Commissioner of Income Tax Circle I, Office of the Income Tax Department, Tuticorin 628 001. 2. The Commissioner of Income Tax – I, Office of the Income Tax Department, Madurai 625 001. ... Respondents Prayer:Writ Petition is filed under Article 226 of theConstitution of India for issuance of a Writ of Mandamus directingthe first respondent to return the petition mentioned title deedsseized on 26.07.1995 as per the List of Documents prepared by theAssistant Director of Income Tax (Investigation), Madurai in theresidence of the petitioner at No.60, South New Street, Tuticorin. For Petitioner : Mr.M.KamalanathanFor Respondents : Mrs.S.Srimathy Senior Standing counsel for I.T. O R D E R The petitioner seeks a direction for return of title deedsseized by the respondent, on 26.07.1995. 2. Even though it is ordered by the respondent that thepetitioner is entitled to return of documents, it was not returnedback to the petitioner. 3. Mrs.S.Srimathy, learned Senior Standing counselappearing for the respondent would report on instructions that thetitle deeds seized by the respondent could not be traced and itwas suggested that the petitioner is entitled to get certifiedcopies from the Registration Department. https://hcservices.ecourts.gov.in/hcservices/ 4. Heard both sides. 5. This Court is of the opinion that instead of forcing thepetitioner to approach the Registration Department, the respondentby themselves can get certified copies from the RegistrationDepartment and hand it over to the petitioner with an non-traceable certificate. Therefore, a direction is given to therespondent to obtain certified copies of the title deeds seizedfrom the petitioner, on 26.07.1995, along with non-traceablecertificate, within a period of eight weeks from the date ofreceipt of a copy of this order. 6. The Writ Petition is disposed of, with the abovedirection. No costs. Sd/- Assistant Registrar (CO) /True Copy/ Sub Assistant Registrar(CS-III) To 1. The Deputy Commissioner of Income Tax Circle I, Office of the Income Tax Department, Tuticorin 628 001. 2. The Commissioner of Income Tax – I, Office of the Income Tax Department, Madurai 625 001. + 1 CC TO Mr.M.KAMALANATHAN, ADVOCATE IN SR No. 76014 + 1 CC TO Mrs.S.SRIMATHY, SENIOR STANDING COUNSEL FOR IT IN SR No.75877 AKV TE/KAK/SAR-3 : 14/08/2018 : 2P/5C Writ Petition(MD)No.23452 of 201631.07.2018