Samad And Co v. The Commissioner
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 02.08.2024
CORAM
THE HONOURABLE MR.JUSTICE SENTHILKUMAR RAMAMOORTHY W.P.
No.18696 of 2024 and W.M.P.Nos.20493 & 20496 of 2024 SAMAD & Co., Represented by K.Zainudeen, No.13, South Mada Church Street, Royapuram, Chennai-13.
... Petitioner -vs1.The Commissioner, Greater Chennai Corporation, Ripon Building, Chennai.
2.The Regional Deputy Commissioner Regional Office Noth, Greater Chennai Corporation, No.61, Basin Bridge Road, Chennai - 21.
3.The Assistant Revenue Officer-V, Zone-V, Regional Officer North, Greater Chennai Corporation, No.21, Basin Bridge, Chennai-21.
... Respondents 1/5
PRAYER: Writ Petition filed under Article 226 of the Constitution of India, pleased to issue a Writ of Certiorarified Mandamus, to call for the records of the impugned final assessment Notice No. 050/0006589/000 dated 09.09.2022 on the file of the 3rd respondent and the consequent property tax demand notice dated 22.02.2024 in Na.Ka.No.R1//2024 on the file of the 3rd respondent and also quash the same and consequently and direct the respondents to receive the prevailing property tax amount of Rs.25,964/- by virtue of GO.Ms.150 municipal administration and water supply (M.A.IV Department dated 19.11.2019).
For Petitioner : Mr.S.Arokia Maniraj For Respondents : Mr.S.Gopinathan, SC (Corpn.) ********** 2/5
ORDER
By order dated 22.11.2023 in W.P.No.8917 of 2021, the petitioner was granted leave to file an appeal within four weeks from the date of receipt of a copy of this order. The appellate authority was also directed to entertain the appeal without reference to limitation subject to other conditions, including pre-deposit. The present writ petition was filed in the above facts and circumstances.
2. Learned counsel for the petitioner submits that an appeal was lodged recently.
3. In view of the earlier order of this Court and the filing of an appeal pursuant thereto, this writ petition cannot be entertained.
4. Therefore, W.P.No.18696 of 2024 is dismissed by leaving it open to the petitioner, albeit in accordance with law, to prosecute the statutory appeal or file an appropriate petition for review of the 3/5
earlier order or challenge such order in appeal. No costs. Consequently, W.M.P.Nos.20493 and 20496 of 2024 are closed. 02.08.2024 rna Index : Yes / No Internet : Yes / No To 1.The Commissioner, Greater Chennai Corporation, Ripon Building, Chennai.
2.The Regional Deputy Commissioner Regional Office Noth, Greater Chennai Corporation, No.61, Basin Bridge Road, Chennai - 21.
3.The Assistant Revenue Officer-V, Zone-V, Regional Officer North, Greater Chennai Corporation, No.21, Basin Bridge, Chennai-21.
4/5
SENTHILKUMAR RAMAMOORTHY,J rna and W.M.P.Nos.20493 & 20496 of 2024 02.08.2024 5/5