R.Vinayagamoorthy v. The Principal Secretary / Commissioner
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 12.01.2023 CORAM :
The Hon'ble Mr.JUSTICE M.SUNDAR R.Vinayagamoorthy S/o.Rajagopal .. Petitioner Vs.
1.
The Principal Secretary / Commissioner Commercial Taxes Department Ezhilagam, PWD Estates Chepauk, Chennai-600 005.
2.
The Commercial Tax Officer Kalayarkurichi Street 19/4, 5 Dhanya Nagar Srivilliputhur - 626 125.
.. Respondents Writ petition filed under Article 226 of the Constitution of India to issue a Writ of Mandamus, directing the 1st respondent to disburse / pay a sum of Rs.81,06,879/- to the petitioner along with the interest @ 24% till the date of payment based on the petitioner's representation dated 08.08.2022 within the time stipulated.
For Petitioner :
Mr.R.Ragavendran For Respondents :
Mr.V.Prashanth Kiran Government Advocate (Taxes) ***** Page Nos.1/10
O R D E R
In the captioned writ petition, Mr.R.Ragavendran, learned counsel on record for writ petitioner and Mr.V.Prashanth Kiran, learned Government Advocate (Taxes) who has accepted notice on behalf of both the respondents are before this writ Court.
2. Owing to the limited perimeter within which the captioned matter perambulates, main writ petition was taken up and heard out with the consent of learned counsel on both sides.
3. Short facts are that the writ petitioner submits that he is the owner of immovable property bearing 'Door No.11, Srivilliputhur Town in Virudhunagar District' [hereinafter 'demised property' for the sake of convenience and clarity]; that the writ petitioner further submits that the demised property has been let out to the respondents in and under a lease deed dated 02.07.2003; that the writ petitioner submits that lessee (respondents) is in arrears of rent and therefore a 'representation dated 08.08.2022' [hereinafter 'said representation' for the sake of convenience Page Nos.2/10
and clarity] has been sent to the first respondent; that the captioned writ petition has been filed complaining of inaction qua writ petitioner's representation with a prayer seeking to mandamus the first respondent to dispose of said representation.
4. Learned Revenue counsel points out that the prayer is not merely an innocuous simple mandamus to dispose of said representation but the prayer is to mandamus the first respondent to disburse what according to the writ petitioner is arrears of rent.
5. Faced with the above situation, learned counsel on record for writ petitioner submitted that he would abridge the prayer to bring it within the residuary limb of 'such further or other orders'. Elaborating on this, learned counsel for writ petitioner submits that de hors prayers in the writ petition, it will suffice if there is a simple directive to the first respondent to dispose of said representation on its own merits and in accordance with law within a time frame. This submission is recorded. Page Nos.3/10
6. To be noted, a scanned reproduction of said representation along with postal acknowledgment card as placed before this Court is as follows:
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7. In the light of the abridged / varied prayer as delineated supra, captioned Writ Petition is now disposed of with a simple directive to the first respondent to consider the said representation i.e., aforementioned representation dated 08.08.2022 on its own merits / in accordance with law, dispose of the same as expeditiously as the official business of the first respondent would permit and in any event, within six weeks from today i.e., on or before 23.02.2023. The proceedings disposing of the said representation i.e., proceedings of the first respondent shall be communicated to the writ petitioner under due acknowledgment within seven working days from the date of disposal. Though obvious, before concluding, it is made clear that this writ Court has not expressed any view or opinion on the merits of the matter in this order.
8. Captioned Writ Petition is disposed of with the aforementioned simple directive. There shall be no order as to costs. 12.01.2023 Index: Yes/No Speaking / Non-speaking order mk Page Nos.8/10
To 1.
The Principal Secretary / Commissioner Commercial Taxes Department Ezhilagam, PWD Estates Chepauk, Chennai-600 005.
2.
The Commercial Tax Officer Kalayarkurichi Street 19/4, 5 Dhanya Nagar Srivilliputhur - 626 125.
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M.SUNDAR, J., mk 12.01.2023 Page Nos.10/10