Madras High CourtWP/24662/2022disposed of

M.Sathishkumar v. The Commissioner

2022-10-14Honourable Dr Justice Anita Sumanth6 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Dated: 14.10.2022

CORAM

THE HONOURABLE DR. JUSTICE ANITA SUMANTH W.P.No.24662 of 2022 M.Sathishkumar ... Petitioner Vs

1. The Commissioner, Chennai Corporation, Revenue Department, Ripon Building, Chennai - 600 003.

2. The Zonal Officer, Chennai Corporation, Zone - VI, 5, Anderson Road, Ayanavaram, Chennai - 600 023.

3. The Assistant Revenue Officer, Greater City Chennai Corporation, zone - 6, Otteri/Pattalam, Chennai - 600 012.

4. The Chief Managing Director, Greater Chennai Corporation, Chennai Metro Water & Sewerage Board, No.1, Pumping Station Road, Chinthathiripettai, Chennai - 600 031.

5. The Executive Engineer, Chennai Metro Water & Sewerage Board,

Zone - VI, No.3, Vadivel 2nd Street, Perambur, Chennai - 600 011.

6. The Executive Engineer, Metro Water (CMWSSB) 74/75, Subrayan 2nd street, Nammalvarpet, Chennai.

7. S.Vasanthakumar

8. S.Jayachandran

9. S.Venkatesan 10.S.Seethapathy ... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus directing the respondents to consider the petitioner's representation dated 25.05.2022 relating to assessment of property tax in the name of the petitioner in respect of the property situated at No.86/41, Samibaktan Street, Ramalingapuram, Chennai - 600 012 comprised in S.No.76, Ayanavaram Village and Taluk, Block No.37 to an extent of 1843 sq.ft. within a stipulated time.

For Petitioner : Mr.Selvam for Mr.K.Prabhakaran For Respondents : Mr.E.C.Ramesh Standing Counsel - R1 to R6

O R D E R

Heard Mr.Selvam, learned counsel appearing for Mr.K.Prabhakaran, learned counsel on record for the petitioner and Mr.E.C.Ramesh, learned Standing Counsel for R1 to R6. In light of order that is proposed to be passed

today, no notice is thought necessary at this stage to the private respondents, arrayed as R7 to R10.

2. The petitioner seeks a mandamus directing the respondents to consider his representation dated 25.05.2022 relating to assessment of property tax in respect of the property at No.86/41, Samibaktan Street, Ramalingapuram, Chennai - 600 012 comprised in S.No.76, Ayanavaram Village and Taluk, Block No.37 (property/property in question).

3. At the outset, this Writ Petition is pre-mature, seeing as the representation is itself dated 25.05.2022. That apart, Mr.Ramesh, learned Standing Counsel draws attention to the reply given by R3/Assistant Revenue Officer in proceedings No.m6t.J.e.f.vz;.Mh;.2/0825/2022 dated Nil, signed on 02.06.2022, calling for certain information from the petitioner and the other private respondents arrayed in this Writ Petition.

4. Thus, it is made clear that enquiry is on-going with regard to the proper person in whose name the assessment of property tax is to be made in respect of the property in question.

5. In light of the aforesaid, I see no reason to intervene and mandamus as sought for cannot be granted. The official respondents will, however, pass an order upon the representation of the petitioner, after having heard the petitioner as well as the private respondents and considering the materials, if any, filed by

them. It is made clear that if the respondents believe that this is a matter that should be entertained by Civil Courts, they are at liberty to say so. In any event, a decision taken shall be in accordance with law.

6. This Writ Petition stands disposed as above. No costs. 14.10.2022 Index : Yes / No Speaking/non-speaking Order sl To