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2019 (8) TMI 867

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.... behalf of respondent Nos.1 to 3 and Mr.R.P.Pratapsingh, learned Government Advocate on behalf of respondent No.4 are before this Court. 2. With consent of learned counsel on both sides, main writ petition is taken up, heard out and is being disposed of. 3. Short facts shorn of micro details and the central issue in the instant writ petition have been captured in earlier proceedings of this Court dated 29.07.2019, which reads as follows: 'Mr.R.Neelakandan, learned counsel on record for writ petitioner is before this Court. Mr.V.Haribabu, learned Additional Government Pleader, accepts notice on behalf of respondent Nos.1 to 3 and Mr.R.P.Pratapsingh, learned Government Advocate, accepts notice on behalf of respondent No.4. ....

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....there is no tax arrears, that they have paid the entire entertainment tax and that writ petitioner has not received any notice or communication prior to the impugned communication dated 08.07.2019, the impugned communication shall be kept in abeyance till the next listing as encumbrance regarding auction of immovable property of writ petitioner can cause an irreversible situation. Likewise, writ petitioner or any one claiming under writ petitioner shall not deal with the immovable property that is subject matter of impugned communication till the next listing in any manner. 7. List this matter on 13.08.2019.' 4. Post aforesaid proceedings, WMP No.23273 of 2019 has been filed by the writ petitioner on 05.08.2019 and the same ....

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....property. Hence, I am constrained to pray for modification of the interim order dt. 29.07.2019, by recalling the following portion: 'Likewise, writ petitioner or any one claiming under writ petitioner shall not deal with the immovable property that is subject matter of impugned communication till the next listing in any manner.' 5. I submit that though the next hearing is fixed on 13.08.2019, the Doctors advised me to go for immediate treatment including major surgery, to which huge amount is required. Therefore, I am constrained to file this petition. To show my bonafide, I am ready to furnish 'bank guarantee' through the bank account of my son viz., R.Swethaprakash, with SB Account No.28362010001....

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....980-81 and therefore, there is considerable difficulty in locating the files. 9. Considering the human problem that has been projected by writ petitioner viewed in the light of the fact that writ petitioner has shown her bona fides not only by offering to furnish bank guarantee and keep the same alive as per directions of this Court, but has also deposited the entire bank guarantee sum in bank account of her son from which bank guarantee is to be issued, this Court finds it appropriate to pass the following order: a) Writ petitioner shall furnish a bank guarantee for the entire sum of Rs. 7,11,000/- (Rupees Seven Lakhs and Eleven Thousand only) through the bank account of writ petitioner's son viz., R.Swethaprakash, with SB ....