← Library
Madras High CourtWP/10380/2014disposed of

T.S.M. Haja Mohideen v. The Commissioner

2016-07-21Honourable Mr Justice T. S. Sivagnanam2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 21.7.2016 CORAM :

The Honourable Mr.Justice T.S.SIVAGNANAM Writ Petition No.10380 of 2014 & MP.No.1 of 2014 1.T.S.M.Haja Mohideen 2.T.S.M.Mohamed Salim

...Petitioners

Vs 1.The Commissioner, Corporation of Chennai, Ripon Buildings, Chennai-3.

2.The Revenue Officer, Corporation of Chennai, Ripon Buildings, Chennai-3.

3.The Assistant Revenue Officer, Zonal Office-X, Corporation of Chennai, Kodambakkam, Chennai-24.

...Respondents

PETITION under Article 226 of The Constitution of India praying for the issuance of a Writ of Mandamus directing the respondents herein to consider the petitioners' representation dated 3.3.2014 in respect of their house property at old door No.6, now amalgamated door No.24, Madley Road, Theagaraya Nagar, Chennai-17 and take lawful action on the same within a time stipulated by this Court.

For Petitioner :

Mr.V.Ramana Reddy For Respondents :

Mr.T.C.Gopalakrishnan

ORDER

Heard both. By consent, the writ petition itself is taken up for final disposal.

2. The petitioners claim to be the joint owners of the property at door No.6, Madley Road, Theagaraya Nagar, Chennai17. However, without assigning any reason whatsoever, the officials have given two door numbers to the said property and raised property tax demands separately. Though the petitioners took efforts to rectify the mistake, they did not get fruitful result. Even the Metro Water Board also sent two demand notices. Further, two final warrant notices raising two demands were issued by the Corporation. The petitioners paid the amount in https://hcservices.ecourts.gov.in/hcservices/

one of the demands and sought to close the other door number. Expressing their grievance, the petitioner sent a representation dated 3.3.2014 to the respondents seeking to issue a fresh property tax assessment for a single property. Since nothing was forthcoming, the petitioners are before this Court.

3. It is seen that this Court, by order dated 10.4.2014 in MP.No.1 of 2014, while granting an order of interim injunction, directed the petitioners to deposit a sum of Rs.5 lakhs in two instalments before the third respondent. It is not known as to whether the said conditional order has been complied with or not.

4. Considering the limited nature of the prayer sought and without expressing any opinion on the merits of the case, the writ petition is disposed of with a direction to the third respondent to consider the representation of the petitioners dated 3.3.2014 on merits and pass appropriate orders in accordance with law, within a period of eight weeks from the date of receipt of a copy of this order. If the conditional order dated 10.4.2014 has already been complied with, it is needless to say that the amount of Rs.5 lakhs shall be adjusted towards arrears of property tax. No costs. Consequently, the above MP is closed.

Sd/- Assistant Registrar(CCC) //True Copy/ Sub Assistant Registrar To 1.The Commissioner, Corporation of Chennai, Ripon Buildings, Chennai-3.

2.The Revenue Officer, Corporation of Chennai, Ripon Buildings, Chennai-3.

3.The Assistant Revenue Officer, Zonal Office-X, Corporation of Chennai, No.117, NSK Salai, Kodambakkam, Chennai-24.

WP.No.10380 of 2014 and MP.No.1 of 2014 RV(CO) Eu 1.08.16 https://hcservices.ecourts.gov.in/hcservices/