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Madras High CourtWP/5174/2011withdrawn dismissed

Shalom Convent Nursery And v. The Government Of Tamilnadu

2021-04-08Honourable Mr Justice S.M. Subramaniam3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 08.04.2021

CORAM

THE HONOURABLE MR. JUSTICE S.M.SUBRAMANIAM W.P.No.5174 of 2011 and M.P.No.2 of 2011 Shalom Convent Nursery and Primary School Rep.by its Correspondent, Rev.Sr.Selina, Pudu Road, Nallampatti Naaykkanpatti (P.O), Salem - 636 307.

..Petitioner Vs.

1.The Government of Tamil Nadu, Rep.by its Secretary, Rural Development and Panchayat Raj Department, Fort St.George, Chennai - 09.

2.The District Collector, Salem District, Salem.

3.The Block Development Officer (Village Panchayat), Block Development Office, Veerapandi, Salem.

4.The President / Executive Authority, Mooduthurai Panchayat, Veerapandi, Salem.

..Respondents Prayer : Writ Petition filed under Article 226 of the Constitution of India, to issue a Writ of Certiorarified Mandamus, calling for the records pertaining to the Amendment to Rule 15 (c) of the Tamilnadu village Panchayats (Assessment and Collection of Taxes) Rules 1999 vide G.O.Ms.No.38, Rural Development and Panchayat Raj (PR1) Department dated 05.03.08 on the file of the 1st respondent in respect of the petitioner school and the consequential Demand Notice dated 27.12.2010 for a payment of Rs.17,224/- for the period of the Assessment Year 2009-2010 as House tax and Library Cess for Door S.No.62/1A, 1B, 1C, 1D and 2A in Ward No.1 in Form 1 by Assessment No.Nil

on the file of the 4th respondent and quash the same, directing the respondents to grant exemption from payment of House tax to the petitioner school.

For Petitioner : M/s.A.Arul Mary For Respondents : No appearance

ORDER

The learned counsel appearing on behalf of the petitioner, through Video Conferencing, made a submission that the Demand Notice is under challenge in the present writ petition and during the pendency of the writ petition, the writ petitioner has started paying the property tax as per the provisions of the Act.

2. Therefore, the learned counsel for the petitioner made a submission that the petitioner is withdrawing the writ petition.

3. Accordingly, the writ petition stands dismissed as withdrawn. No costs. Consequently, connected miscellaneous petition is also closed.

Sd/- Assistant Registrar(CS-IX) //True Copy// Sub Assistant Registrar Kak To 1.The Secretary, Rural Development and Panchayat Raj Department, Fort St.George, Chennai - 09.

2.The District Collector, Salem District, Salem.

3.The Block Development Officer (Village Panchayat), Block Development Office, Veerapandi, Salem.

4.The President / Executive Authority, Mooduthurai Panchayat, Veerapandi, Salem.

+1cc to Mr.Fr.A.Xavier Arulraj, Advocate, S.R.No.22166 W.P.No.5174 of 2011 PMK(CO) CB(27/04/2021)