V. Ravi v. The Commissioner

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 28.08.2015

CORAM:

THE HONOURABLE MR. JUSTICE R. MAHADEVAN W.P.No.26866 of 2015 and M.P.No.1 of 2015 V.Ravi ... Petitioner -VersusThe Commissioner, Avadi Municipality, Avadi, Chennai 600 054.

...Respondent

Writ Petition filed under Article 226 of the Constitution of India for the relief of issuance of Writ of Mandamus directing the respondent to dispose of the appeal filed by the petitioner dated 04.12.2012.

For Petitioner : Mr.P.M.Bakthavatchalam For Respondent : Mr.S.Gunasekaran, GA

ORDER

The petitioner claims to be the absolute owner of the property situated at D.No.29/10, Nagarathinam Naidu Road, Charles Nagar, Pattabiram, Chennai 600 072 and the same was assessed to property tax and the assessment number allotted to the property is 19123. However, during August, 2012, he came to know that the said assessment number allotted to him was assigned to one Mrs.Kasthuri. On coming to know the same, immediately, he gave a representation pointing out the discrepancy with regard to name of the assessee. Thereafter, the property was assessed to tax under a separate assessment number vide 20388.

2. The grievance of the petitioner is that while assessing the property tax, the respondent levied tax exorbitantly. Aggrieved by the same, he filed an appeal on 04.12.2012 which is pending. Though the appeal has been filed as early as in the year 2012, the same is pending with the respondent without any progress and therefore, seeking for the early disposal the petitioner is now before this court.

3. Heard both sides and also perused the available records carefully.

https://hcservices.ecourts.gov.in/hcservices/

4. With regard to property tax assessment, the petitioner filed an appeal in the year 2012 and according to him, the same is pending as on date.

5. The learned Government Advocate appearing for the respondent would submit that if the appeal is pending, the same may be directed to be disposed of at the earliest.

6. Considering the limited scope of the prayer sought for in the writ petition, without going into the merits of the case, this court directs the respondent to consider appeal filed by the petitioner dated 04.12.2012 and dispose of the same on merits and in accordance with law within a period of six weeks from the date of receipt of a copy of this order. No costs. Consequently, connected MP is closed.

Sd/-d/- Asst.Registrar (CS IV ) /true copy/ Sub Asst. Registrar kmk To 1.The Commissioner, Avadi Municipality, Avadi, Chennai 600 054. +1 cc to Mr.P.M.Bakthavatsalam, Advocate, sr.45985 +1 cc to Mr.S.Gunasekar, Advocate, sr.45976 W.P.No.26866 of 2015 rj co kra 11/9 https://hcservices.ecourts.gov.in/hcservices/