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Madras High CourtWP/21517/2024disposed of

V K Murugavel v. The Commissioner

2024-08-12Honourable Mr Justice Krishnan Ramasamy6 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS Dated : 12.08.2024

CORAM

THE HON'BLE Mr. JUSTICE KRISHNAN RAMASAMY V.K.Murugavel ... Petitioner Vs.

1.The Commissioner, Erode City Municipal Corporation, Kalyanasundaranar Road, Erode - 638 001.

2.The Assistant Commissioner, Zone-III, Erode City Municipal Corporation, Surampatti, Erode - 638 011.

... Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus, directing the respondents to effect changes in the Property Tax New Assessment Nos.056/034/900648, 056/034/900698 and 056/034/900691, for the payments made by the petitioner by giving personal hearing opportunity to the petitioner based on the appeal petitions dated 28.03.2024 and 18.08.2024. 1/6

For Petitioner : Mr.S.Kaithamalai Kumaran For Respondents : Mr.Raja Mathivanan Standing Counsel

ORDER

By consent, the writ petition is taken up for final disposal at the stage of admission itself.

2. This writ petition has been filed by the petitioner seeking a Writ of Mandamus to direct the respondents to effect changes in the Property Tax New Assessment Nos. 056/034/900648, 056/034/900698, and 056/034/900691, for the payments made by the petitioner, after giving an opportunity of personal hearing to the petitioner, based on his appeal petitions dated 28.03.2024 and 18.04.2024.

3. The case of the petitioner is that his properties located at Door Nos.7, 7/1, and 7/2, Kalaimagal Kalvi Nilayam Road, Erode, have been subjected to property tax assessments by the respondents. Consequently, the petitioner filed a suit in O.S.No.327 of 2001 before the Principal District Munsif Court, Erode. During the pendency of the same, the learned Judge directed the petitioner to pay a portion of the enhanced amount, which was 2/6

complied with. Subsequently, on 13.12.2002, the suit was decreed, declaring the demand notice as null and void, and a permanent injunction was granted in favour of the petitioner. Despite the same, the respondents continue to raise the demand, which compelled the petitioner to make several representations including those dated 28.03.2024 and 18.04.2024. However, nothing progressed. Therefore, the petitioner is before this court with the present writ petition for the aforesaid relief.

4. Heard the learned counsel for the petitioner and the learned Standing Counsel appearing for the respondents.

5. Considering the facts and circumstances of the case and having regard to the submissions made by the learned counsel on either side, this court, without going into the merits of the matter, directs the respondents to dispose of the appeals filed by the petitioner dated 28.03.2024 and the reminders dated 18.04.2024, on merits and in accordance with law, after providing an opportunity of personal hearing to the petitioner, within a period of four weeks from the date of receipt of a copy of this order. 3/6

6. With the above directions, the writ petition is disposed of. There is no order as to costs.

12.08.2024 Speaking/Non-speaking order Index : Yes / No r n s 4/6

To 1.The Commissioner, Erode City Municipal Corporation, Kalyanasundaranar Road, Erode - 638 001.

2.The Assistant Commissioner, Zone-III, Erode City Municipal Corporation, Surampatti, Erode - 638 011.

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KRISHNAN RAMASAMY.J., r n s 12.08.2024 6/6