M/S Chemical Construction v. The State Of Tamilnadu Rep. By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED :16.07.2019

CORAM

THE HON'BLE MR.JUSTICE M.DHANDAPANI W.P.No. 7832 of 2008 and M.P.No. 2 of 2008 M/s.Chenmical Construction Company Pvt. Ltd., 956/957, Thiruvottiyur High Road, Chennai - 19 Rep by its Managing Director Mr.O.V.Nambiar ..Petitioner vs 1.The State of Tamil Nadu Secretary to Govt Revenue and Land Administration, Fort St. George, Chennai - 9.

2.The Commissioner and Special Commissioner (ULT) Land Reforms, Chepauk, Chennai -5.

3.The Asst. Commissioner, ULT, Madhavaram, Vivek Nagar, Kolathur, Chennai - 99. .. Respondents Prayer:

Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ order or direction in the nature of writ of Certiorari, to call for the records in connection with the order of the second respondent dated 19.02.2008 and made in R.C.No.2671/2007/C3 and confirming the order dated 17.11.2006 in C.No. 483A and 483B/1401/ Thiruvottriur on the file of 3rd respondent and quash the same. For Petitioner : M/s.V.Balasubramanian For Respondents : Mr.J.Ramesh, Additional Government Pleader.

O R D E R

The petitioner has filed the present writ petition challenging the Urban Land Tax imposed by the 2nd respondent by

order dated 19.02.2008 in R.C.No. 2671/2007/C3, confirming the order dated 17.11.2006 in C.No. 483A and 483B/1401/ Thiruvottiur, on the file of 3rd respondent and to quash the same.

2. The learned counsel appearing for the petitioner would submit that without going in to the merits of the case, since the matter relates to the year 2008, the petitioner may be permitted to pay the Urban Land Tax amount as demanded by the respondent, without any Penal interest.

3. The learned Additional Government Pleader submitted that request made by the petitioner will be considered.

4. The learned counsel appearing for the petitioner would submit that the petitioner has already paid a sum of Rs. 4,73,976/-, hence, the petitioner is directed to pay the balance amount within a period of four weeks from the date of receipt of a copy of this order.

5. Heard the learned counsel appearing for the petitioner as well as the learned Additional Government Pleader.

6. In view of the above submissions made by the counsels, this Court is inclined to grant permission to the petitioner to pay a sum of Rs. 18,62,641/- after deducting the amount, if any already paid.

7. Accordingly, the writ petition stands disposed of. No costs. Consequently, connected miscellaneous petition is closed. Sd/- Assistant Registrar (CS-III) //True Copy// Sub Assistant Registrar kmm To 1.The State of Tamil Nadu Secretary to Govt Revenue and Land Administration, Fort St. George, Chennai - 9.

2.The Commissioner and Special Commissioner (ULT) Land Reforms, Chepauk, Chennai -5.

3.The Asst. Commissioner, ULT, Madhavaram, Vivek Nagar, Kolathur, Chennai - 99.

+1cc to Mr.V.Balasubramanian Advocate, S.R.No.59873 +1cc to the Government Pleader, S.R.No.60699 GP(CO) CB(13/09/2019) W.P.No. 7832 of 2008