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Madras High CourtWMP/14555/2022dismissed

M/S.M.A.K. Hotels And Resorts Private Limtied v. The Municipal Commissioner

2022-06-22Honourable Dr Justice Anita Sumanth2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

( Special Original Jurisdiction ) Wednesday, the Twenty Second day of June Two Thousand Twenty Two PRESENT THE HON`BLE DR.JUSTICE ANITA SUMANTH WMP.No.14555 of 2022 IN WP.No.14324 of 2021 M/S.M.A.K. HOTELS AND RESORTS PRIVATE LIMTIED, [ PETITIONER ] REP BY ITS EXECUTIVE ASSISTANT MANAGER MR. MEERAN FAROOK ALI NO.1 GST ROAD, SAI SRIVARI NAGAR, S.P KOIL, MARAIMALAI NAGAR, CHENNAI 603 209 CHENGALPET TALUK AND DISTRICT.

Vs THE MUNICIPAL COMMISSIONER, [ RESPONDENT ] MARAIMALAI NAGAR MUNICIPLITY, MMDA COMPLEX, 2ND FLOOR, ADIGALAR SALAI, MARAIMALAI NAGAR, CHENNAI 603 209 Petition praying that in the circumstances stated therein and in the affidavit filed therewith the High Court will be pleased to grant an order of interim injunction restraining the respondent or anyone acting under the respondent from in any manner proceeding with any sort of recovery action in pursuance of the order of the respondent vide reference Na.Ka.No.569/2016/A1 dated ___.06.2021 signed on 18.06.2021 and order vide reference Na.Ka.No.569/2016/A1 dated 27.05.2022 [IN WMP.No.14555 of 2022] pending disposal of the above WP.No.

14324 of 2021 Order : This Miscellaneous petition coming on this day for hearing upon perusing the petition and the affidavit filed in support thereof and upon hearing the arguments of M/S.S.GIRITHARAN, Advocate for the petitioner and of M/S.L.P.MAURYA, Advocate on behalf of the Respondent, the court made the following order:- This Miscellaneous Petition is dismissed as no prima facie case is made out to interfere with the impugned order. Further more, the petition has an efficacious statutory remedy to approach the District Court in terms of Rule 26-B of the Taxation and Finance Rules under Schedule IV of the Tamil Nadu District Municipalities Act, 1920. Moreover, the petitioner is seen to have been served with three notices, duly received by it, but has not bothered to appear before the Tribunal and make its submissions.

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2. Pleadings are complete. List the main Writ Petition for hearing on 30.06.2022.

-sd/- 22/06/2022 / TRUE COPY / Sub Assistant Registrar ( Statistics / C.S. ) High Court, Madras - 600 104.

TO THE MUNICIPAL COMMISSIONER, MARAIMALAI NAGAR MUNICIPLITY, MMDA COMPLEX, 2ND FLOOR, ADIGALAR SALAI, MARAIMALAI NAGAR, CHENNAI 603 209 Order in WMP.No.14555 of 2022 IN WP.No.14324 of 2021 Date :22/06/2022 From 26.2.2001 the Registry is issuing certified copies of the Interim Orders in this format RA 27/06/2022 https://hcservices.ecourts.gov.in/hcservices/