M/S.Meenakshi (India) Ltd., v. The Commissioner,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 09.03.2018

CORAM

THE HONOURABLE Mr. JUSTICE M.DURAISWAMY W.P.No.5207 of 2018 & W.M.P.Nos.6369 & 6370 of 2018 M/s.Meenakshi (India) Ltd.

Rep. by its Managing Director Mr.Ashutosh Goenka No.77, Ambattur Industrial Estate Mannurpet Chennai - 600 058 .. Petitioner v.

1. The Commissioner Corporation of Chennai Ripon Buildings Chennai - 600 003 2.The Assistant revenue Officer Corporation Zone No.7 Ambattur, Chennai - 53 .. Respondents Writ Petition filed under Article 226 of the Constitution of India to issue a Writ of Certiorarified Madamus, calling for the records from the file of 2nd respondent pertaining to the impugned order of tax enhancement made to the petitioner's property dated 14.11.2014 in notice Ref.No.7/14-15/3380 revising the tax from Rs.54,428/- to Rs.2,24,755/- and the subsequent final warrant notice issued by the 2nd respondent in vide Notice dated 02.02.2018 and to quash the same as it is arbitrary, improper and illegal and it is against the Chennai Municipal Corporation Act, 1919 and thereby to restrain the respondents 1 and 2 from taking any coercive steps against the petitioner in the name of collecting the property tax arrears from the petitioner and his property bearing Plot No.77, Sidco Industrial Estate SP, Mannurpet Village, Ambattur, Chennai - 600 058 together with a building thereon.

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For Petitioner : Mr.S.N.Ravikumar For Respondent : Ms.Karthika Ashok Standing Counsel

ORDER

Ms.Karthika Ashok, learned Standing Counsel, takes notice for the respondents.

2. Learned counsel appearing for the petitioner sought permission of this Court to withdraw the Writ Petition with liberty to proceed with the suit in O.S.No.120 of 2015 pending on the file of District Munsif Court, Ambattur and he has also made an endorsement to that effect in the memorandum of grounds in the writ petition.

3. In view of the submission made by the learned counsel for the petitioner, the writ petition stands dismissed as withdrawn. It is open to the petitioner to proceed with the suit in O.S.No.120 of 2015 pending on the file of District Munsif Court, Ambattur. No costs. Consequently, connected miscellaneous petitions are closed.

Sd/- Asst.Registrar (CS IV ) /true copy/ Sub Asst. Registrar Rj To

1. The Commissioner Corporation of Chennai Ripon Buildings Chennai - 600 003 2.The Assistant revenue Officer Corporation Zone No.7 Ambattur, Chennai - 53 + 1 cc to Ms.Karthika Ashok Advocate,SR.18210 + 1 cc to Mr.S.N.Ravikumar Advocate,SR.18031 W.P.No.5207 of 2018 & W.M.P.Nos.6369 & 6370 of 2018 nr 03/04/2018 https://hcservices.ecourts.gov.in/hcservices/