N.Srinivasan v. The Commissioner

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 06.09.2021

CORAM:

THE HONOURABLE MR.JUSTICE K.KALYANASUNDARAM and THE HONOURABLE MR.JUSTICE V.SIVAGNANAM and W.M.P.Nos.19987 of 2021 N.Srinivasan

...Petitioner

Vs.

1.The Commissioner, Greater Chennai Corporation, Rippon Building, Chennai - 600 003.

2.The Zonal Officer, Revenue Department, Zone-10, Greater Chennai Corporation, Chennai - 600 020.

...Respondents

Writ Petition filed under Article 226 of the Constitution of India, praying for issuance of a Writ of Mandamus directing the respondents to restore the possession of the building property to the petitioner situated at New No.162, Old No.94 and 94/1, Usman Road, T.Nagar, Chennai - 600 017, based on the petitioner's representation dated 31.08.2021 which was forcibly taken by the respondents on 28.08.2021 without due process of law. 1/4

For petitioner : Mr.K.K.Kannan For respondents : Mr.K.Raja Srinivas Standing Counsel

ORDER

(The Order of the Court was made by K.KALYANASUNDARAM,J) The petitioner has come forward with this writ petition for issuance of a Writ of Mandamus directing the respondents to restore the possession of the building bearing New No.162, Old No.94 and 94/1 situated at Usman Road, T.Nagar, Chennai, based on his representation, dated 31.08.2021. 2.It appears that the petitioner has not paid property tax to the building in dispute since 2014.

3.It is the submission of the learned Standing Counsel appearing for the respondents Mr.K.Raja Srinivas that for the property situated in Usman Road, the petitioner is liable to pay property tax dues to the extent of Rs.11,10,000/-. The tenant in that building, namely, Adyar Ananda Bhavan has paid Rs.3,30,000/-, but still the petitioner is liable to pay Rs.7,64,607/-. 2/4

According to the learned Standing Counsel, the respondents have permitted the tenant to run the business and the building was not sealed as per the allegation of the petitioner. It is further stated that in respect of two other buildings also, the petitioner failed to remit property tax. 4.In the light of the above statement, this Writ Petition is closed as nothing survives for consideration. No costs. Consequently, connected miscellaneous petition is closed.

(M.K.K.S.J) (V.S.G.J) 06.09.2021 Index: Yes/no Speaking Order: Yes/no skn Note: Issue order copy on 13.06.2021.

To 1.The Commissioner, Greater Chennai Corporation, Rippon Building, Chennai - 600 003.

2.The Zonal Officer, Revenue Department, Zone-10, Greater Chennai Corporation, Chennai - 600 020.

K.KALYANASUNDARAM, J 3/4

and V.SIVAGNANAM, J skn and W.M.P.Nos.19987 of 2021 06.09.2021 4/4