D.Krishnaveni Alias D.S.Kumari v. Greater Chennai Corporation

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 09.08.2021 CORAM :

THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH Writ Petition No.14925 of 2021 and W.M.P.Nos.15796 and 15795 of 2021 D.Krishnaveni @ D.S.Kumari ....

Petitioner -VsGreater Chennai Corporation Rep.by its Commissioner Ripon Buildings, Chennai 600 003.

....

Respondent Writ Petition under Article 226 of the Constitution of India praying for the issuance of a Writ of Mandamus directing the respondent to determine the arrears of amount due and payable with respect to the premises bearing Door No.12 Irulappan street, Sowcarpet, Chennai-600 079 as per the order of TAT dated 4.4.2013 from 2nd Half of 2009-2010 and to issue a demand after adjusting the sum of Rs.2,35,400/- already paid towards tax due from 2009 - 2010 2nd Half.

For Petitioner :

Mr.S.Sadasharam For Respondent :

Mrs.P.T.Ramadevi, Standing Counsel

O R D E R

This writ petition has been filed for the issue of a writ of Mandamus directing the respondent to determine the arrears of amount due and payable by the petitioner towards the property tax after giving due credit to the amount of Rs.2,35,400/- which has already been paid towards the tax dues from 2009-10 and to issue a demand after adjusting the sum of Rs.2,35,400/- already paid towards tax due from 2009 - 2010 2nd Half.

2. The learned Standing Counsel appearing on behalf of the respondent submitted that the respondent will consider the representation made by the petitioner and will determine the arrears of amount due and payable with respect to the subject property. The learned counsel further submitted that, if the petitioner is seeking for adjustment of any amount which has already been paid, the relevant documents shall also be submitted before the respondents to substantiate the same and the same will be taken into consideration.

3. In view of the above, there shall be a direction to the petitioner to make a fresh representation to the respondent https://hcservices.ecourts.gov.in/hcservices/

along with all the relevant documents and also a copy of this order. The respondent shall determine the arrears of amount due and payable with respect to the subject property after giving due credit to the amounts that have already been paid by the petitioner. This process shall be completed by the respondent within a period of eight weeks from the date of receipt of the representation from the petitioner.

4. It is brought to the notice of this Court that, the door that leads to the terrace has been sealed by the respondent on the ground that the property tax arrears has not been paid. As an interim measure, till the final amount is determined by the respondent, the petitioner is directed to pay a sum of Rs.50,000/- (Rupees Fifty Thousand Only) to the respondent and on receipt of the same, the seal shall be removed from the door leading to the terrace. Thereafter, on determination of the final amount payable by the petitioner, the petitioner shall immediately pay the same and if the petitioner commits any default in the payment of property tax that is determined by the respondent, it is left open to the respondent to proceed further in accordance with law.

5. This writ petition is disposed of with the above directions. No costs. Consequently, connected miscellaneous petitions are closed.

Sd/- Assistant Registrar() //True Copy// Sub Assistant Registrar KST To The Commissioner, Greater Chennai Corporation, Ripon Buildings, Chennai 600 003.

+1cc to M/s.P.T.Ramadevi, Standing Counsel, S.R.No.39146 W.P.No.14925 of 2021 AJS(CO) KM(11/08/2021) https://hcservices.ecourts.gov.in/hcservices/