Wp(C)/785/2011 Of E.mohammed Thaha v. Asst.director Of Income Tax

IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT: THE HONOURABLE MR.JUSTICE P.R.RAMACHANDRA MENON MONDAY, THE 10TH DAY OF FEBRUARY 2014/21ST MAGHA, 1935 WP(C).No. 785 of 2011 (W) -------------------------- PETITIONER(S): -------------------------- E.MOHAMMED THAHA, CHAIRMAN, P.A.AZIZ COLLEGE OF ENGINEERING AND TECHNOLOGY, KARAKULAM, THIRUVANANTHAPURAM. BY ADV. SRI.R.KRISHNA RAJ RESPONDENT(S): ---------------------------- 1. ASSISTANT DIRECTOR OF INCOME TAX (INV), THIRUVANANTHAPURAM. 2. COMMISSIONER OF INCOME TAX, THIRUVANANTHAPURAM - 695 003. 3. INCOME TAX OFFICER (CIB), THIRUVANANTHAPURAM - 695 003. 4. THE MANAGER, CANARA BANK, VAZHUTHACADU, PIN - 695 009. R1 TO R3 BY ADV. SRI.JOSE JOSEPH, SC, INCOME TAX THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 10-02-2014, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: P.R. RAMACHANDRA MENON, J. .............................................................................. W.P.(C)No.785 OF 2011 ......................................................................... Dated this the 10[th] February, 2014 J U D G M E N T The petitioner has approached this Court with the following prayers: “a) Direct the respondents to return theamount of Rs.1,50,00,000/- seized from theS.B. Account No.2607101002343 of the college of the petitioner with Canara BankVazhuthacadu Branch, Thiruvananthapuramforthwith by the issue of a writ of mandamus orsuch other writ or order or direction. b) Such other relief that are prayed for during the pendency of this case including the costsof this proceedings.” 2. When the matter is taken up for consideration, the learned Counsel for the petitioner submits that after filing thewrit petition, the petitioner has approached the authorities of theIncome Tax Department by filing necessary proceedings to causethe amount of Rs.1,50,00,000/- (Rupees one crore fifty lakhsonly) seized from the account of the petitioner to be returned .Inthe said circumstance, the learned Counsel for the petitioner W.P.(C)No.785 OF 2011 2 seeks for permission to withdraw the writ petition, withoutprejudice to the rights and liberties of the petitioner to pursue thematter before the departmental authorities. Permission sought for is granted. The writ petition isdismissed as withdrawn. P.R.RAMACHANDRA MENONJUDGE lk