Madras High CourtWP/1725/2019disposed of

S.D.V.Surayanan Raju v. The Commissioner

2019-01-25Honourable Mr Justice T.Raja2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 25.01.2019

CORAM:

THE HONOURABLE MR.JUSTICE T.RAJA W.P.No.1725 of 2019 and WMP No.1925 of 2019 Mr.S.D.V.Suryanaryana Raju

...Petitioner

-vsThe Commissioner Tiruvannamalai Municipality Sannathi Street Tiruvannamalai 606 601

...Respondent

Petition under Article 226 of the Constitution of India, praying for the issue of a Writ of Certiorarified Mandamus, calling for the records of the respondent herein pertaining to the final demand notice dated 08.01.2019 bearing Na.Ka.No.A2/2016/2014 pertaining to property tax assessment Nos.20536, 36258 and 36259 respectively and quash the same and direct the respondent herein to refund the excess amount received for the assessment No.20536.

For Petitioner :: Mr.K.Venkatasubban For Respondent :: Mr.D.Suryanarayanan Additional Government Pleader

ORDER

The petitioner has come to this Court questioning the correctness of the impugned demand notice dated 8.1.2019 bearing Na.Ka.No.A2/2016/2014 pertaining to the property tax assessment Nos.20536, 36258 and 36259 respectively, to quash the same with a direction to the respondent to refund the excess amount received for the assessment No.20536, on the ground that when the petitioner has already paid the property tax on 12.7.2017 for the second half of 2017-18 pertaining to the property situate in Door Nos.14/1, 14/2 and 14/3, all of a sudden, without even issuing any prior notice, the respondent issued the impugned demand notice enhancing the property tax by 20 times. The learned counsel for the petitioner also submitted that the https://hcservices.ecourts.gov.in/hcservices/

petitioner has already sent a legal notice on 16.7.2018 to the respondent and the same has not evoked any response.

2. Mr.D.Suryanarayanan, learned Additional Government Pleader takes notice for the respondent.

3. Considering the fact that the petitioner has already sent the legal notice dated 16.7.2018, the petitioner is directed to give one more representation to the respondent enclosing a copy of the same along with this order within a period of one week from the date of receipt of a copy of this order. On receipt of the same, the respondent is directed to consider the same on merits and pass appropriate orders within a period of three weeks thereafter. Till then, no coercive steps shall be taken. With this direction, the writ petition stands disposed of. Consequently, W.M.P.No.1925 of 2019 is also dismissed. No costs. ss Sd/- Assistant Registrar //True Copy// Sub Assistant Registrar To

1. The Commissioner Tiruvannamalai Municipality Sannathi Street Tiruvannamalai 606 601 +1cc to M/s.Sarvabhauman Associates, Advocates, S.R.No.5791 +1cc to the Government Pleader, S.R.No.6519 W.P.No.1725 of 2019 sj(CO) kak(29/01/2019) https://hcservices.ecourts.gov.in/hcservices/