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Madras High CourtWP/7098/2022disposed of

Srimathi Chinnammal Trust v. The Commissioner

2022-03-28Honourable Mr Justice R. Suresh Kumar3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 28.03.2022

CORAM

THE HONOURABLE MR.JUSTICE R.SURESH KUMAR W.P.No.7098 of 2022 Srimathi Chinnammal Trust, Represented by its Managing Trustee, Mr.E.P.Parthasarathy, New No.33, Old No.16, Kaveri Street, Saidapet, Chennai - 600 015.

... Petitioner Vs

1. The Commissioner, Greater Chennai Corporation, Rippon Buildings, Park Town, Chennai - 600 003.

2. The Revenue Officer, Greater Chennai Corporation Ripon Buildings, Park Town, Chennai - 600 003.

3. The Zonal Officer and Assistant Commissioner, Zone 10, Greater Chennai Corporation, No.117, NSK Salai, Kodambakkam, Chennai - 600 024. ... Respondents Prayer : Petition filed under Article 226 of the Constitution of India, praying for issuance of a Writ of Mandamus to direct the respondents to consider the representations of the petitioner dated 29.12.2020 and 23.04.2021 within a time frame fixed by this Court.

For Petitioner :

Mr.Harikrishnan For Respondents :

Ms.S.Vaitheeswari Standing Counsel

ORDER

The prayer sought herein is for a writ of mandamus to direct the respondents to consider the representation of the petitioner dated 29.12.2020 and 23.04.2021.

2. The petitioner is a Trust. It is having a property at Old No.16, New No.33, Kavari Street, Saidapet, Chennai - 600 015. In respect of which, a new Managing Trustee has been elected, who had verified the records which shows that, for long years there has been no property tax of the property demanded by the respondent Corporation, in the result, no property tax has been paid.

3. Therefore, in order to pay the property tax, he has given a representation on 29.12.2020 to the respondent Corporation stating that, let the Corporation make an assessment and a demand of property tax, which the petitioner Trust is ready and willing to make it.

4. The said representation since has not been considered, the petitioner has approached this Court seeking for a mandamus.

5. Heard Mr.Harikrishnan, learned counsel appearing for the petitioner, who having reiterated the aforestated, would seek indulgence of this Court.

6. Heard Ms.S.Vaitheeswari, learned Standing Counsel appearing for the respondent Corporation, who would submit that, if the said request has been made already by the petitioner Trust with regard to the assessment of the property for property tax, the same would be considered and needful would be undertaken by the respondent Corporation after getting any further input if needed from the petitioner within a time frame that may be stipulated by this Court.

7. Considering the limited scope of the prayer sought for and having regard to the said submissions made by both the learned counsel appearing for the parties, this Court is inclined to dispose of this writ petition with the following orders:

That there shall be a direction to the respondent Corporation to consider the representation of the petitioner dated 29.12.2020 followed by the further representation dated 23.04.2021 and decide the same on merits and in accordance with law with regard to the assessment of property tax on the property of the petitioner Trust and pass orders thereon on merits and in accordance with law, within a period of six weeks

from the date of receipt of a copy of this order.

8. With this direction, the Writ Petition is disposed of. No costs.

Sd/- Assistant Registrar(CS-II) //True Copy// Sub Assistant Registrar Sgl To

1. The Commissioner, Greater Chennai Corporation, Rippon Buildings, Park Town, Chennai - 600 003.

2. The Revenue Officer, Greater Chennai Corporation Ripon Buildings, Park Town, Chennai - 600 003.

3. The Zonal Officer and Assistant Commissioner, Zone 10, Greater Chennai Corporation, No.117, NSK Salai, Kodambakkam, Chennai - 600 024 +1cc to Mr.Govind Chandrasekhar, Advocate, S.R.No.21002 W.P. No.7098 of 2022 GMR(CO) SU(13/05/2022)