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Madras High CourtWP/2618/2023disposed of

T.Umavathi v. The State Of Tamil Nadu

2023-02-02Honourable Mr Justice Abdul Quddhose5 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 02.02.2023

CORAM:

THE HON'BLE MR. JUSTICE ABDUL QUDDHOSE W.P. No.2618 of 2023 and W.M.P. Nos.2685 and 2686 of 2023 T.Umavathi ... Petitioner vs.

1.The State of Tamil Nadu, rep. by its Secretary, Municipal Administration and Water Supply, Fort St. George, Chennai - 600 009.

2.The Director of Municipal Administration, No.75, Santhome High Road, Pattinapakkam, MRC Nagar, R.A.Puram, Chennai - 600 004.

3.The Commissioner, Dharapuram Municipal Corporation, Dharapuram, Tiruppur District - 638 656.

...

Respondents Prayer: Writ petition filed under Article 226 of the Constitution of India to issue a Writ of Certiorarified Mandamus calling for the records from the file of the third respondent demand notice dated 22.12.2022 and quash the same and further direct the third respondent to compute/issue the 1/5

enhanced property tax from 01.04.2022.

For petitioner :

Mr.V.Ashok Kumar For respondents :

Mr.R.Neethi Perumal, Government Advocate

ORDER

By consent of both the parties, this writ petition has been taken up for final disposal at the admission stage itself. 2.This writ petition has been filed challenging the demand notice dated 22.12.2022 issued by the third respondent and seeking for a direction to the third respondent to compute/issue the enhanced property tax from 01.04.2022.

3.The petitioner is aggrieved by the impugned demand notice dated 22.12.2022 issued under the City Municipal Corporation Act 1920. According to the petitioner, the impugned demand notice is arbitrary and illegal.

4.Learned counsel for the petitioner would now submit on instructions that the petitioner will file a Statutory Appeal as against the 2/5

impugned demand notice, provided sufficient time is granted by this Court for the petitioner to file the same. The said statement is recorded. 5.Heard Mr.V.Ashok Kumar, learned counsel for the petitioner and Mr.R.Neethi Perumal, learned Government Advocate, who accepts notice on behalf of the respondents.

6.No prejudice would be caused to any of the parties, if such a liberty is granted to the petitioner.

7.Accordingly, this writ petition is disposed of by directing the petitioner to file a Statutory Appeal if aggrieved by the impugned demand notice dated 22.11.2022, within a period of one month from the date of receipt of a copy of this order. The respondents shall not take any coercive steps against the petitioner for a period of one month from today to enable the petitioner to file the Statutory Appeal. Consequently, connected W.M.Ps stand closed. No costs.

02.02.2023 3/5

vga 4/5

ABDUL QUDDHOSE, J.

vga To 1.The State of Tamil Nadu, rep. by its Secretary, Municipal Administration and Water Supply, Fort St. George, Chennai - 600 009.

2.The Director of Municipal Administration, No.75, Santhome High Road, Pattinapakkam, MRC Nagar, R.A.Puram, Chennai - 600 004.

3.The Commissioner, Dharapuram Municipal Corporation, Dharapuram, Tiruppur District - 638 656.

W.P. No.2618 of 2023 and W.M.P. Nos.2685 and 2686 of 2023 02.02.2023 5/5