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Madras High CourtWP/5948/2023disposed of

M.Bakrudheen v. Commissioner

2023-02-28Honourable Mr Justice Abdul Quddhose4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 28.02.2023 CORAM :

The HONOURABLE MR.JUSTICE ABDUL QUDDHOSE M.Bakrudheen ...

Petitioner vs

1. Commissioner, Coimbatore Corporation, Coimbatore - 641 001.

2. Assistant Commissioner, Coimbatore Corporation, Coimbatore - 641 001.

3. Director of Town and Country Planning, Coimbatore Corporation, Coimbatore District, Coimbatore - 641 001.

4. Deputy Director of Town and Country Planning, Coimbatore Corporation, Coimbatore District, Coimbatore - 641 001.

...

Respondents Prayer : Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus directing the 2nd respondent to consider and pass orders on the application made by the petitioner on 08.04.2019 vide Receipt No.20190408253.

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For Petitioner : Mr.R.N. Amarnath For Respondents : Mr.Najeeb Usman Khan Standing counsel

ORDER

By consent of both parties, this writ petition is taken up for final disposal in the admission stage itself.

2. Mr Najeeb Usman Khan, learned Standing Counsel accepts notice for the respondents.

3. This writ petition has been filed for a Mandamus seeking for a direction to the second respondent to pass final orders on the petitioner's application, dated 08.04.2019 seeking for assessing the subject property for Property Tax Assessment.

4. The petitioner claims that he is the owner of the property measuring an extent of 2400 sq. ft.(5 cents 222 sq. ft.) having purchased the same from the legal heirs of S.M.Subramaniam by a registered sale deed dated 19.03.2019 registered as Document No.3019 of 2019 shown as Plot No.B in the revised plan in LPDM/DDTCP No.63/72. The petitioner has submitted an application on 08.04.2019 seeking for Property Tax Assessment in respect of the aforementioned property in his name. Since the said application has not been considered till date, he has filed this writ petition.

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5. Heard Mr.R.N.Amarnath, learned counsel for the petitioner and Mr.Najeeb Usman Khan, learned Standing Counsel appearing for the respondents.

6. The petitioner seeks for Property Tax Assessment in respect of the aforementioned property.

7. No prejudice would be caused to the respondents, if the petitioner's application as stated supra is considered on merits and in accordance with law, within a time frame to be fixed by this Court.

8. For the foregoing reasons, this Court directs the second respondent to pass final orders on merits and in accordance with law on the petitioner's application dated 08.04.2019 seeking for Property Tax Assessment in his name in respect of the aforementioned property, within a period of eight weeks from the date of receipt of a copy of this order.

9. With the aforesaid directions, this writ petition stands disposed of. No costs.

28.02.2023 Index:Yes/No vsi2 3/4

ABDUL QUDDHOSE, J.

vsi2 To

1. The Commissioner, Coimbatore Corporation, Coimbatore - 641 001.

2. The Assistant Commissioner, Coimbatore Corporation, Coimbatore - 641 001.

3. The Director of Town and Country Planning, Coimbatore Corporation, Coimbatore District, Coimbatore - 641 001.

4. The Deputy Director of Town and Country Planning, Coimbatore Corporation, Coimbatore District, Coimbatore - 641 001.

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