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Madras High CourtWP/18097/2013dismissed as abated

K.M.Jayaraman v. The Commissioner

2020-11-18Honourable Mr Justice P.D.Audikesavalu5 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 18.11.2020

CORAM

THE HON'BLE MR. JUSTICE P.D. AUDIKESAVALU W.P. Nos. 18097 to 18108 of 2013 and W.P. Nos. 12387 to 12391 of 2015 and M.P. Nos. 1 to 1, 2, 2, 2 and 2 of 2013 and M.P. Nos. 1 to 1 and 2 of 2015 W.P. No. 18097 of 2013:- K.M.Jayaraman Son of Late Manickachettiar 788, Thiruvallur Street Vaniyambadi, Vellore District.

... Petitioner in All WP's Vs.

The Commissioner Vaniyambadi Municipality Vaniyambadi, Vellore District.

... Respondent in all WP's WP.No.18097 of 2013:Petition filed under Article 226 of the Constitution of India, to issue a Writ of Certiorari, to call for the records relating to the enhanced property tax assessment order vide impugned notice dated 22.06.2013 on the file of the respondent, pertaining to the Petitioner's shops at Door No.86/979/19, situated at CNA Street, Vaniyambadi Town, Vellore District, bearing assessment number 18328 and to quash the same as illegal, incompetent and without jurisdiction. WP.No.18098 of 2013:to call for the records relating to the petitioners shops at Door No.82/979/23 situated at CNA Street 18332 and to quash the same as illegal incompetent and without WP.No.18099 of 2013:to call for the records relating to the petitioners shops at Door No.83/979/23 situated at CNA Street

18331 and to quash the same as illegal incompetent and without WP.No.18100 of 2013:to call for the records relating to the petitioners shops at Door No.87/979/18 situated at CNA Street 18327 and to quash the same as illegal incompetent and without WP.no.18101 of 2013:to call for the records relating to the petitioners shops at Door No.92/979/13 situated at CNA Street 18322 and to quash the same as illegal incompetent and without WP.No.18102 of 2013:to call for the records relating to the petitioners shops at Door No.81/979/24 situated at CNA Street 18333 and to quash the same as illegal incompetent and without WP.No.18103 of 2013:to call for the records relating to the petitioners shops at Door No.86/979/16 situated at CNA Street 18325 and to quash the same as illegal incompetent and without WP.No.18104 of 2013:to call for the records relating to the petitioners shops at Door No.88/979/17 situated at CNA Street 18326 and to quash the same as illegal incompetent and without

WP.No.18105 of 2013:to call for the records relating to the petitioners shops at Door No.85/979/20 situated at CNA Street 18329 and to quash the same as illegal incompetent and without WP.No.18106 of 2013:to call for the records relating to the petitioners shops at Door No.90/979/15 situated at CNA Street 18324 and to quash the same as illegal incompetent and without WP.No.18107 of 2013:to call for the records relating to the petitioners shops at Door No.91/979/14 situated at CNA Street 18323 and to quash the same as illegal incompetent and without WP.No.18108 of 2013:to call for the records relating to the petitioners shops at Door No.84/979/21 situated at CNA Street 18330 and to quash the same as illegal incompetent and without WP.No.

12387 of 2015:to call for the records relating to the enhanced property tax assessment order vide impugned notice dated 22.6.2013 on the file of the respondent pertaining to the petitioners shops at Door No.978 situated at CNA Street 18149 and to quash the same as illegal incompetent and without jurisdiction WP.No.12388 of 2015:to call for the records relating to the enhanced property tax assessment order vide impugned notice dated 22.6.2013 on the file of the respondent pertaining to the petitioners shops at Door No.

jurisdiction WP.No.12389 of 2015:to call for the records relating to the enhanced property tax assessment order vide impugned notice dated 22.6.2013 on the file of the respondent pertaining to the petitioners shops at Door No.976 situated at CNA Street 18147 and to quash the same as illegal incompetent and without jurisdiction WP.No.12390 of 2015:to call for the records relating to the enhanced property tax assessment order vide impugned notice dated 22.6.2013 on the file of the respondent pertaining to the petitioners shops at Door No.979/4 situated at CNA Street 18182 and to quash the same as illegal incompetent and without jurisdiction WP.No.12391 of 2015:to call for the records relating to the enhanced property tax assessment order vide impugned notice dated 22.6.2013 on the file of the respondent pertaining to the petitioners shops at Door No.972 situated at CNA Street 18143 and to quash the same as illegal incompetent and without jurisdiction For Petitioner :

Mr. V.Lakshminarayanan (in all W.Ps) For Respondent :

Mr. I.Joseph, Standing Counsel (in all W.Ps) C O M M O N O R D E R (through video conference) Learned Standing Counsel appearing for the Respondent has filed a memo dated 18.11.2020, which reads as follows:- "

The petitioner challenges the proceeding of the respondent whereby property tax was levied on the petitioner's property without following the procedure under the District Municipalities Act. For the same property, on a previous occasion, this Hon'ble court had allowed the writ petitions and remanded the issue to the respondent for fresh disposal in accordance with law. [Vide W.P.8497/2020 to W.P.8504/2020 dated 26.07.2018 (per M. Kalyanasundaram J)]. When the matter was listed for hearing before this hon'ble court, a letter was sent to the petitioner to find out that present status of the case. The same was "returned" to the counsel with the

following endorsement "deceased so return to sender". The counsel is not in a position to get the details of the legal heirs of the deceased writ petitioner." 2.

In view of the aforesaid submissions made, the Writ Petitions stand abated. Though obvious, it is made clear that the legal representatives of the deceased Petitioner are not precluded from applying for reviving the Writ Petitions in the manner prescribed by law.

In the result, the Writ Petitions are dismissed as abated with the aforesaid clarifications. Consequently, connected Miscellaneous Petitions are closed. No costs. Sd/- Asst.Registrar (CO) /true copy/ Sub Asst. Registrar maya To The Commissioner Vaniyambadi Municipality Vaniyambadi, Vellore District.

+1 cc to Mr.V.Raghavachari Advocate sr37103 W.P. No. 18097 of 2013 etc., batch rld(co) aa04/01/2021