N.Vasantha, v. The Government Of Tamil Nadu

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 11.07.2023 CORAM :

THE HONOURABLE MR.JUSTICE C.SARAVANAN N.Vasantha ... Petitioner Vs.

1.The Government of Tamil Nadu, Represented by The Commissioner, Corporation of Tambaram, No.1, Muthuranga Mudali Street, West Tambaram, Chennai - 600 045.

2.The Additional Chief Secretary to the Government of Tamil Nadu, Local Administration and Water Supply Department, Secretariat, Fort Saint George, Chennai - 600 009.

... Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India, for issuance of a Writ of Mandamus, to direct the first respondent to pass orders on representations dated 30.05.2019, 10.02.2020 and 06.04.2022, wherein she had sought change of assessment of property tax from commercial to residential rates coupled with adjustment of excess paid in the past. Page No. 1 of 4

For Petitioner : Mr.R.Chandrasekaran For Respondents : Mr.J.C.Durairaj Additional Government Pleader

ORDER

Mr.J.C.Durairaj, learned Additional Government Pleader takes notice on behalf of the respondents.

2. Heard the learned counsel for the petitioner and the learned Additional Government Pleader for the respondents.

3. The petitioner has purchased a property by a Sale Deed dated 30.09.2015. At the same time, the builder appears to have assessed the property as a commercial property.

4. Under these circumstances, the petitioner has sent representations to the Pammal Municipality and thereafter to the Tambaram Corporation after the merger of Pammal Municipality with Tambaram Corporation on various dates. However, these representations have not evoked any response from the respondents. Hence, this writ petition.

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5. Considering the fact that the representations are dated 30.05.2019, 10.02.2020 and 06.04.2022, Court is inclined to allow this writ petition at the time of admission by directing the first respondent to consider and pass appropriate orders on all these representations of the petitioner, after verifying whether the property is being put to residential use or commercial use. This exercise shall be carried out by the first respondent within a period of six weeks from the date of receipt of a copy of this order.

6. This Writ Petition stands allowed with the above observations. No costs.

11.07.2023 Index : Yes/No Internet : Yes/No Speaking Order/Non-Speaking Order arb Page No. 3 of 4

C.SARAVANAN, J.

arb To 1.The Commissioner, Government of Tamil Nadu, Corporation of Tambaram, No.1, Muthuranga Mudali Street, West Tambaram, Chennai - 600 045.

2.The Additional Chief Secretary, Government of Tamil Nadu, Local Administration and Water Supply Department, Secretariat, Fort Saint George, Chennai - 600 009.

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