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Madras High CourtWP/5719/2015disposed of

C.Saraswathy, v. The Commissioner,

2023-02-10Honourable Mr Justice N. Sathish Kumar4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 10.02.2023

CORAM:

THE HONOURABLE MR.JUSTICE N. SATHISH KUMAR W.P. No.5719 of 2015 and M.P.No.1 of 2015 C.Saraswathy ... Petitioner Vs.

1. The Commissioner Corporation of Chennai, Ripon Buildings, Park Town, Chennai - 600 003.

2. The Assistant Revenue Officer, Land and Buildings Ripon Buildings, Park Town, Chennai - 600 003.

...Respondents

PRAYER: Writ Petition is filed under Article 226 of Constitution of India, pleased to issue a Writ of Certiorari, call for the entire records from the second respondent dated 26.02.2015 Ma.A 13 Va thu na.ka No.--- /Special/2015 and quash the same.

For Petitioner : Mr.T.Jayaramaraj for Mr.T.G.Brusly Gopal For Respondents : Mr.P.T.Ramadevi Standing Counsel

O R D E R

The writ petition has been filed challenging the impugned order dated 26.02.2015 passed by the second respondent, demanding the petitioner to pay a sum of Rs.5,13,050/- as arrears of enhanced rent.

2. The learned counsel for the petitioner submitted that challenging the said impugned order, the petitioner had filed a suit in O.S.No.3529 of 2010 and the same was dismissed, against which, she preferred an appeal in A.S.No.457 of 2011 before the Principal District Sessions Court, Chennai and the said appeal was also erroneously dismissed. Against which, an appeal has been filed in S.A.No.280 of 2015 before this Court and the same was allowed and the matter has been remanded back to the authorities.

3. In such view of the matter, the impugned demand notice, which has already been filed, is the subject matter of the suit and the second appeal was already allowed and the matter has been remanded back to the authorities. Therefore, said impugned notice does not warrant any interference in this writ petition, since the matter has already been with the authorities.

4. Accordingly, the writ petition stands dismissed. No costs. Consequently, connected miscellaneous petition is closed. 10.02.2023 Index :Yes/No Internet:Yes/No nti

N. SATHISH KUMAR, J.

nti To

1. The Commissioner Corporation of Chennai, Ripon Buildings, Park Town, Chennai - 600 003.

2. The Assistant Revenue Officer, Land and Buildings Ripon Buildings, Park Town, Chennai - 600 003.

W.P. No.5719 of 2015 10.02.2023