Madras High CourtWP/29602/2015disposed of

Mrs.V.Dhroupathi v. The Commissioner

2015-09-21Honourable Mr Justice N. Kirubakaran2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 21.09.2015

CORAM:

THE HONOURABLE MR.JUSTICE N.KIRUBAKARAN W.P. No.29602 of 2015 Mrs.V.Dhroupathi ...

Petitioner Vs.

1.The Commissioner, Corporation of Chennai Rippon Building Park Town, Chennai 600 003.

2.The Accounts Officer, Corporation of Chennai, Rippon Building Park Town, Chennai - 600 003.

3.The Accounts Officer, Corporation of Chennai, Valluvar Kottam, Nungambakkam, Chennai - 600 034.

...

Respondents PRAYER : Writ petition filed under Article 226 of the Constitution of India for issue of writ of mandamus directing the respondents to issue the property tax book for Flat No.D1/3 (Old No.d1/2) in ground floor, Door No.2/4, Shanthi Apartments, Srikrishnapuram Street, Royapettah, Chennai - 600 014 to the petitioner forthwith. For Petitioner : Mr.R.Rajarajan For Respondents : Mr.P.V.Selvakumar

O R D E R

The petitioner contends that he is the absolute owner of the property namely Plot No.D1/3, Old No.D1/2, Ground floor, Shanthi Apartments, Srikrishnapuram, Royapettah, Chennai - 600 014. Property tax have been regularly paid by the petitioner and entries would be made in the property tax book. However, the property tax book was exhausted by entries in the year 2011 and inspite of the request made by the petitioner in the year 2011, property tax book was not issued afresh and therefore the petitioner could not pay the tax, even though he has been ready to pay the same. Finally, he has sent legal notice dated 27.06.2015 calling upon the respondent to issue a new https://hcservices.ecourts.gov.in/hcservices/

property tax book. Since there was no response from the respondent, the petitioner is before this court by way of this writ petition.

2. Heard Mr.R.Rajarajan, learned counsel appearing for the petitioner and Mr.P.V.Selvakumar, learned counsel appearing for the respondents.

3. Though the petitioner contends that the property tax book was exhausted in the year 2011 and therefore he could not make the payment, it cannot be a reason for non-payment of the property tax. However, since the petitioner is ready to pay the property tax from the year 2011 onwards, the third respondent is directed to issue a fresh property tax book to the petitioner within one week from the date of receipt of copy of the order and on receipt of the property tax book, the petitioner is directed to pay the tax alongwith delay in payment charges, within two weeks thereafter.

4. With the above direction, this writ petition is disposed of. No costs.

Sd/- Assistant Registrar True Copy Sub Assistant Registrar rgr To 1.The Commissioner, Corporation of Chennai Rippon Building Park Town, Chennai 600 003.

2.The Accounts Officer, Corporation of Chennai, Rippon Building Park Town, Chennai - 600 003.

3.The Accounts Officer, Corporation of Chennai, Valluvar Kottam, Nungambakkam, Chennai - 600 034.

1 cc to Mr.R.Rajarajan , Advocate Sr.No.51249 1 cc to Mr. P.V.Selvakumar, Advocate Sr.No.51144 W.P. No.29602 of 2015 arii(co)pmk.23.9.2015 https://hcservices.ecourts.gov.in/hcservices/