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Madras High CourtWP/12431/2013closed

Abdul Rahim Khan, v. The Corporation Of Chennai,

2017-08-29Honourable Mr Justice T.N.Vallinayagam(Lok-Ii)3 pages

HIGH COURT LEGAL SERVICES COMMITTEE, CHENNAI Lok Adalat-II organised by the High Court Legal Services Committee Tuesday , the 29th day of August, 2017 LOK ADALAT AWARD (Chapter VI and u/s 21 of Legal Services Authorities Act, 1987) Presided over by Hon'ble Mr.JUSTICE T.N.VALLINAYAGAM, (Retd.) and Members Mr.R.Durai Swamy Mrs.F.Rita W.P.No.12431 of 2013 and M.P.No.1 of 2013 (This Writ Petition is filed under Article 226 of the Constitution of India to issue a Writ of Certiorari, to call for the records pertaining to the impugned proceedings of the 2nd respondent in message Id: 28603-85811-1, Booking date 07.03.2012 with regard to the property of the petitioner.) Abdul Rahim Khan ... Petitioner Vs

1. The corporation of Chennai, Rep.by its Commissioner, Rippon Building, Park Town, Chennai - 600 003.

2. The Assistant Revenue Officer, Revenue Department, Zone- V presents Zone-VIII, Dv.No. 103, Corporation of Chennai, No.36 B, Old No. 12B, Pullaa Avenue, Shenoy Nagar, Chennai- 600 030.

... Respondents This case came up for settlement before Lok Adalat. Both the parties are present. The learned counsel for the petitioner Mr.Asif Ali and the learned counsel for the respondent Ms. R.Arunmozhi is present. After mutual discussion, negotiation, mediation and conciliation between both parties, they arrived at a compromise to settle the matter as follows:

ORDER

Both the counsel are present and also the Corporation officials are present. Ms. R.Arunmozhi appearing for the Corporation of Chennai.

2. The grievance of the petitioner is that tax has been increased without notice to the petitioner. Though the Corporation claims the notice has been given, there is no proof of serving of notice available on the petitioner by consent it is agreed as follows:- 1.The Corporation shall serve again the original notice of increase on the petitioner within 15 days of the receipt of this order.

2.On such service the writ petitioner is entitled and permitted to file the appeal or question as such notice as to the provisions in the City Municipal Corporation,Assessor, as per the taxation rules. 3.In as much as notice is served now both the parties agreed that the delay in filing in a appeal or questioning the same is waived.

3.The Writ Petition is disposed of accordingly. Issue order within a week. Consequently, connected miscellaneous petition is closed.

Sd/- Sd/- Abdul Rahim Khan Counsel for the Petitioner Sd/- 1.The Commissioner, Corporation of Chennai Sd/- 2.The Assistant Revenue Officer, Revenue Department, Sd/- Zone- V presents Zone-VIII Counsel for the respondents This Lok Adalat award is passed in terms of the above settlement.

The Court fee paid shall be refunded to the parties in the manner provided under the Court Fees Act, 1870 as provided for under sub Sec.1 of Section 21 r/w 25 of LSA Act 1987 as amended in 1994.

Sd/- Judge Sd/- Sd/- Member Member Sd/- Assistant Registrar(L.A) //True Copy// Sub Assistant Registrar

Copy to:

1.The Commissioner, Corporation of Chennai, Chennai -3.

2.The Secretary, High Court Legal Services Committee, Chennai.

3.The Section Officer, V.R.Section, High Court, Madras.

4.The Section Officer, Lok Adalat Section, High Court, Madras.

5.The Assistant Revenue Officer, Revenue Department, Zone- V presents Zone-VIII, Chennai- 600 030.

+2 copies W.P.No.12431 of 2013 CP(CO) CA(/11/2017)