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Madras High Court

Rajasekar vs The Assistant Commissioner(St)(Fac) on 20 April, 2026

Author: C.Saravanan

Bench: C. Saravanan

                                                                          WP No. 14717 of 2026


                                  IN THE HIGH COURT OF JUDICATURE AT MADRAS
                                               DATED: 20-04-2026
                                                    CORAM
                                    THE HON'BLE MR JUSTICE C. SARAVANAN
                                             WP No. 14717 of 2026
                                                     and
                                          WMP Nos.15982 & 15983 of 2026
                Mr.Rajasekar
                S/o.Late.Krishnasamy Paranthaman,
                Residing at No.3/1A,
                Thanikachalam Lane, Old Washermenpet,
                Chennai-600 021
                                                                            ..Petitioner(s)
                                                       Vs
                1. The Assistant Commissioner (ST) (FAC)
                   Royapuram Assessment Circle,
                   Integrated Commercial Taxes Building,
                   No.32, Elephant Gate Bridge Road,
                   Chennai-600 003
                2. The Superintendent, Royapuram North II
                   459, Second floor, Anandha complex,
                   Teynampet, Chennai 600 018

                3. THE DEPUTY COMMISSIONER, Chennai
                   North,
                   Integrated commercial taxes building No.32,
                   5th Floor, Elephant Gate Bridge Road, Chennai
                   -600003

                4. THE RECOVERY OFFICER Chennai North
                   Integrated commercial taxes building No.32,
                   5th Floor, Elephant Gate Bridge Road, Chennai
                   -600003

                5. THE BRANCH MANAGER, Bank of Baroda
                   Royapuram Branch,
                   Chennai 600013

                                                                          ..Respondent(s)


                                                                                  __________
                                                                                   Page1 of 6
https://www.mhc.tn.gov.in/judis
                                                                                   WP No. 14717 of 2026


                Prayer: Writ Petition filed under Article 226 of the Constitution of India, for
                issuance of a Writ of Certiorari Mandamus, calling for the records relating to
                the impugned order passed by the 3rd and executed by the 4 th respondent,
                DRC-13, dated 13.02.2026 and quash the same and consequently direct the
                respondents to de-freeze the bank account of the petitioner maintained with the
                5th respondent and pass such further or other orders as this Hon’ble Court may
                deem fit and proper in the circumstances of the case.
                              For Petitioner(s):       Mr.R.Santhosh


                              For Respondent(s):       Mrs.P.Selvi, for R1 to R4
                                                       Government Advocate


                                                       ORDER

Mrs.P.Selvi, learned Government Advocate takes notice for the Respondent Nos.1 to 4.

2. This Writ Petition is being disposed of at the stage of admission itself with the consent of the learned counsel for the Petitioner and the learned Government Advocate for the Respondent Nos.1 to 4.

3. In this Writ Petition, the Petitioner has challenged the impugned recovery notice dated 13.02.2026 in DRC-13. By the said impugned recovery notice, the Respondents seek to recover a sum of Rs.29,28,912/- together with interest and penalty, thereby increasing the total amount to Rs.61,26,997/- as detailed below:-

__________ Page2 of 6 https://www.mhc.tn.gov.in/judis WP No. 14717 of 2026 S.No. Date of Order Tax Liability Tax Liability with Penalties and Interests
1. 23.09.2023 1,80,407 5,47,910
2. 23.09.2023 0 1,60,408
3. 16.12.2023 0 1,81,568
4. 19.03.2024 22,036 63,578
5. 27.11.2024 1,74,439 3,61,005
6. 27.12.2025 1,08,272 2,16,544
7. 19.08.2024 24,43,758 45,95,984 TOTAL 29,28,912 61,26,997

4. The learned counsel for the Petitioner submits that the Petitioner is in the process of filing seven Writ Petitions, which forms the basis of the impugned recovery proceeding.

5. The Petitioner has also challenged the same in the manner known to law. However, considering the fact that the orders pertain to the year 2023-24, and recording the submissions of the learned counsel for the Petitioner, I am inclined to dispose of this Writ Petition by granting liberty to the Petitioner to discharge the entire tax liability in respect of Serial Nos.1 to 6 above and 50% __________ Page3 of 6 https://www.mhc.tn.gov.in/judis WP No. 14717 of 2026 of the disputed tax at Serial No.7 subject to the Petitioner initiating appropriate proceeding to challenge the aforementioned assessment orders referred to in column No.2 above.

6. In this regard, the following endorsement has been made by the learned counsel for the Petitioner in the Court Bundle:-

“Accepted the 100% to deposit from S.No.1 to 6. Accept the 50% to deposit for S.No.7.”

7. Therefore, this Writ Petition is disposed of by directing the Respondents to keep the recovery proceedings in abeyance for a period of thirty (30) days from today, subject to the Petitioner depositing the entire disputed tax at Serial Nos.1 to 6 of the Table in Column No.3 and 50% of the disputed tax at Serial No.7 of the Table in Column No.3 within a period of thirty days from the date of receipt of a copy of this order. Within the same time, the Petitioner shall also take steps to challenge the respective assessment orders in the manner known to law. In case the Petitioner fails to initiate such proceedings and deposit the amounts referred to above, the Respondents are at liberty to proceed against the Petitioner as this Writ Petition would stand dismissed in limine by this order.

__________ Page4 of 6 https://www.mhc.tn.gov.in/judis WP No. 14717 of 2026

8. This Writ Petition stands disposed of with the above observations. No costs. Connected Writ Miscellaneous Petitions are closed.

20-04-2026 Index: Yes/No Speaking/Non-speaking order Neutral Citation: Yes/No GBI To

1. The Assistant Commissioner(ST)(FAC) Royapuram Assessment Circle, Integrated Commercial Taxes Building, No.32, Elephant Gate Bridge Road, Chennai-600 003

2. The Superintendent Royapuram North Ii 459, Second floor, Anandha complex, Teynampet, Chennai 600 018

3. THE DEPUTY COMMISSIONER Chennai North Integrated commercial taxes building No.32, 5th Floor, Elephant Gate Bridge Road, Chennai -600003

4. THE RECOVERY OFFICER Chennai North Integrated commercial taxes building No.32, 5th Floor, Elephant Gate Bridge Road, Chennai -600003

5. THE BRANCH MANAGER Bank of Baroda Royapuram Branch THE BRANCH MANAGER Bank of BarodaRoyapuram Branch, Chennai 600013 __________ Page5 of 6 https://www.mhc.tn.gov.in/judis WP No. 14717 of 2026 C.SARAVANAN, J.

GBI WP No. 14717 of 2026 and WMP Nos.15982 & 15983 of 2026 20-04-2026 __________ Page6 of 6 https://www.mhc.tn.gov.in/judis