Metropolitan Transport Corporation v. The Commissioner
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATE: 07.09.2021
CORAM
THE HONOURABLE MR.JUSTICE M.SUNDAR W.P.No.18800 of 2021 Metropolitan Transport Corporation, (Chennai) Limited, Represented by its Managing Director, Pallavan House, Anna Salai, Chennai - 600 002.
...Petitioner
Vs.
1. The Commissioner, Greater Chennai Corporation, Ripon Buildings, Chennai - 600 003.
2. Additional Revenue Officer, O/o. North Region Deputy Commissioner, Revenue Department, Greater Chennai Corporation, Adyar, Chennai - 600 020.
3. The Assistant Revenue Officer, Zone 13, Ward No.176, Revenue Department, Greater Chennai Coporation, No.115, Dr. Muthulakshmi Salai, Adyar, Chennai - 600 020.
4. The Revenue Officer, Revenue Department, Greater Chennai Corporation, Ripon Buildings, Chennai - 600 003.
...Respondents
Writ petition filed under Article 226 of the Constitution of India for issuance of Writ of Mandamus directing the first respondent Commissioner, Greater Channai Corporation to reassess the Property Tax by excluding the Semi permanent Bus Passengers waiting Shelter which was constructed by the then MLA of Mylapore constituency under the Local Area Development Scheme at Besant Nagar Terminus for Public Utilisation purpose and fix the half yearly Property Tax by considering the representation of
the petitioner dated 11.06.2021 after giving proper notice and considering objections of the petitioner Corporation in accordance with law and pass such further or other orders. For Petitioner : Mr. M. Vijayan of M/s.King & Partridge (Law Firm) For Respondent : Ms. S.Vaitheeswari Standing counsel for Chennai Corporation
ORDER
Mr. M.Vijayan of M/s.King and Partridge (Law Firm) on behalf of the writ petitioner is before this Virtual Court.
2. The writ petitioner is 'Metropolitan Transport Corporation, (Chennai) Limited' (hereinafter 'said Corporation' for the sake of convenience) which provides public transport in the city of Chennai and the matter pertains to exemption from Property Tax for a bus passenger waiting shelter constructed from the funds of the local legislator.
3. Notwithstanding very many averments in the writ affidavit, very many grounds raised in the writ affidavit and the prayer which is rather expansive, learned counsel for writ petitioner, on instructions, submits that the writ petitioner would abridge the prayer and restrict it to a request to dispose of the representation dated 11.06.2021 sent by the writ petitioner to the first respondent (to be noted, this is placed before this Court as part of the case file at page 17 of the typed-set of papers).
4. Ms. S.Vaitheeswari, learned Standing counsel for Chennai Corporation accepts notice on behalf of all the four respondents.
5. Learned counsel submits that the aforementioned representation dated 11.06.2021 can be examined by the first respondent on its own merits.
6. In the light of the narrative thus far, the following order is passed:
a) First respondent is directed to consider the writ petitioner's representation dated 11.06.2021 and dispose of the same by making a speaking order as expeditiously as his business would permit and in any event within eight weeks from today i.e., on or before 02.11.2021;
b) Though obvious, it is made clear that this Court has not expressed any view or opinion on the merits of the matter in this order. In other words, first respondent shall examine/consider the 11.06.2021 representation of the writ petitioner on its own merits and in accordance with law;
c) The first respondent shall ensure that speaking order disposing of the representation shall be communicated to the writ petitioner under due acknowledgement within seven working days from the date of disposal.
Captioned writ petition disposed of with the above directives. There shall be no order as to costs. Sd/- Assistant Registrar(CS V) //True Copy// Sub Assistant Registrar gpa To
1. The Commissioner, Greater Chennai Corporation, Ripon Buildings, Chennai - 600 003.
2. Additional Revenue Officer, O/o. North Region Deputy Commissioner, Revenue Department, Greater Chennai Corporation, Adyar, Chennai - 600 020.
3. The Assistant Revenue Officer, Zone 13, Ward No.176, Revenue Department, Greater Chennai Coporation, No.115, Dr. Muthulakshmi Salai, Adyar, Chennai - 600 020.
4. The Revenue Officer, Revenue Department, Greater Chennai Corporation, Ripon Buildings, Chennai - 600 003.
+2 Ccs to M/s.King & Patridge, Advocate, Sr 45169. +1 CC to Ms.S.Vaideeswari, Advocate, Sr 45422. W.P.No.18800 of 2021 GJ(CO) LS(24/09/2021)