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Madras High CourtWP/7559/2023withdrawn dismissed

H.Mittalal Jain v. The Commissioner

2023-03-13Honourable Dr Justice Anita Sumanth4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Dated: 13.03.2023

CORAM

THE HONOURABLE DR. JUSTICE ANITA SUMANTH and WMP Nos.7669 & 7673 of 2023 1.H.Mittalal Jain 2.Jeyanthi ... Petitioners Vs 1.The Commissioner Vellore City Municipal Corporation Vellore.

2.Assistant Commissioner, Zone-3, Vellore City Municipal Corporation Vellore.

3.Assistant Revenue Officer Vellore City Municipal Corporation Vellore.

4.Revenue Inspector Zone-3, Vellore City Municipal Corporation Vellore.

5.Revenue Assistant Zone-3, Vellore City Municipal Corporation Vellore.

... Respondents

PRAYER: Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Certiorari, to call for the records pertaining to issue of the notice dated 28.08.2018 duly issued by the commissioner, Chennai City Municipal Corporation, the 1st respondent herein and the consequent final demand dated 22.02.2023 also issued by Respondent 3, 4, 5 of Vellore City Municipal Corporation seeking the payment at Rs.2,03,627/- as otherwise threatening attachment of the petitioners' property and quash the same. For Petitioners : Mr.D.Ashok Kumar For Respondents : Mr.P.S.Prabu Standing Counsel

O R D E R

WMP No.7669 of 2023 filed seeking permission to file a single Writ Petition is ordered on payment of separate Court fee.

2. Mr.D.Ashok Kumar, learned counsel on record for the petitioners makes an endorsement to the effect that the petitioner will approach the appellate authority by way of statutory appeal and withdraw this Writ Petition.

3. In light of the endorsement made, this Writ Petition is dismissed as withdrawn with liberty as sought for. Appeal, if any, filed within a period of 30 days from today, will be entertained by the appellate authority/Taxation Appeals Tribunal without reference to limitation but subject to compliance with all other statutory conditions, including pre-deposit, if any.

4. No costs. WMP No.7673 of 2023 is also dismissed. 13.03.2023 Index : Yes / No Speaking Order sl Note: i) Registry is directed to return the orignal impugned order to the learned counsel for the petitioner. ii) Registry is also directed to issue this order on or before 14.03.2023.

To 1.The Commissioner Vellore City Municipal Corporation Vellore.

2.Assistant Commissioner, Zone-3, Vellore City Municipal Corporation Vellore.

3.Assistant Revenue Officer Vellore City Municipal Corporation Vellore.

4.Revenue Inspector Zone-3, Vellore City Municipal Corporation Vellore.

5.Revenue Assistant Zone-3, Vellore City Municipal Corporation Vellore.

Dr.ANITA SUMANTH,J.

Sl and WMP Nos.7669 & 7673 of 2023 13.03.2023