Kamatchi Industrial Training v. The Commissioner

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 24.04.2018

CORAM

THE HON'BLE MR. JUSTICE T.S.SIVAGNANAM W.P.No.7192 of 2018 & W.M.P. No.8930 of 2018 Kamatchi Industrial Training Institute (ITI) By its Correspondent Old No. 41, New No. 106 Sekkupettai Saliya Street Kancheepuram 631 501 ... Petitioner v.

The Commissioner Kancheepuram Municipality Kancheepuram

...Respondent

Writ Petition filed under Article 226 of the Constitution of India to issue a Writ of Mandamus forbearing the respondent from demanding property tax in respect of the buildings used for educational purposes located at Old No.41, New No. 106, Sekkupettai Saliya Street, Kancheepuram 631 501, Kancheepuram Dist till the exemptions are withdrawn by the Tamil Nadu Act 6 of 2018, dated 25.01.2018 For Petitioners : Mr.S.Kamadevan For Respondents : Mr.G.B.Rajesh, Standing Counsel COMMON ORDER Heard Mr.Mr.S.Kamadevan, learned counsel appearing for the petitioner and Mr.G.B.Rajesh, learned Standing Counsel for the respondent.

2. Though the petitioner has filed this writ petition to forbear the respondent from demanding property tax in respect of the building owned by the petitioner, the learned counsel appearing for the petitioner submitted that the petitioner will be satisfied if the respondent is directed to consider the representation given by the petitioner on 27.03.2018, which is submitted after the writ petition was filed. https://hcservices.ecourts.gov.in/hcservices/

3. The learned Standing Counsel appearing for the respondent-Municipality submits that sufficient time has to be granted to the respondent to consider and pass orders on the said representation.

4. In the light of the above, the writ petition is disposed of by directing the respondent-Municipality to consider the petitioner's representation dated 27.03.2018 and pass orders, on merits and in accordance with law, within a period of three weeks, from the date of receipt of a copy of this order. The petitioner is directed to enclose a copy of the representation dated 27.03.2018 along with a copy of this order and forward the same to the respondent for compliance of the direction issued. It is open to the respondent to conduct an inspection of the petitioner's property before passing an order. No costs. Consequently, connected miscellaneous petition is closed.

Sd/- Assistant Registrar(CS IX) //True Copy// Sub Assistant Registrar rj To The Commissioner Kancheepuram Municipality Kancheepuram +1cc to Mr.G.B.Rajesh, Advocate, S.R.No.31155 +1cc to Mr.S.Kamadevan, Advocate, S.R.No.30296 W.P.No.7192 of 2018 & W.M.P. No.8930 of 2018 RRK(28/04/2018) https://hcservices.ecourts.gov.in/hcservices/