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Madras High CourtWP/28142/2019disposed of

Edayathimangalam Avibaktha Vaidyanatha Iyer Trust v. The Deputy Commissioner

2019-09-24Honourable Mr Justice K. Ravichandrabaabu3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 24.09.2019

CORAM

THE HON'BLE MR. JUSTICE K.RAVICHANDRABAABU W.P.No.28142 of 2019 and W.M.P.No.27791 of 2019 Edayathimangalam Avibaktha Vaidyanatha Iyer Trust Rep. by its Managing Trustee "Navasuja"

No.73, Venkatakrishna Iyer Road, Raja Annamalaipuram Chennai-600 028.

...Petitioner

vs.

1.The Deputy Commissioner Block 9, Chennai Corporation Lakeview Road, 2.The Assistant Revenue Officer Zone IX, Corporation of Chennai No.1, Lake Area, 4th Cross Street, Nungambakkam, Chennai-600 034.

...Respondents

Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus, directing the respondents to dispose of the petitioner's representation dated 22.11.2018 and 21.02.2019 within the time to be stipulated by this Hon'ble Court.

For Petitioner :

Mrs.R.Jayalakshmi for Mr.S.Muthuvenkatraman For Respondents :

Mr.T.C.Gopalakrishnan standing counsel

O R D E R

Mr.T.C.Gopalakrishnan, learned standing counsel takes notice for the respondents. By consent of both the parties, the main writ petition is taken up for final disposal at the admission stage itself.

2. The petitioner is a Trust. In respect of the property owned by the petitioner, the respondent/Corporation enhanced the property tax and issued the demand notice. Raising some objections, the petitioner made two representations dated 22.11.2018 and 21.02.2019. It is stated that those representations are not considered so far. Therefore, the present writ petition is filed seeking for disposal of those representations.

3. The learned standing counsel for the respondent/Corporation submitted that those representations will be considered and appropriate orders will be passed on merits and in accordance with law, within the time stipulated by this Court.

4. Considering the above stated facts and circumstances and without expressing any view on the merits of the claim made by the respective parties, this Writ Petition is disposed of, only by directing the first respondent to consider the representations dated 22.11.2018 and 21.02.2019 and pass orders on the same on merits and in accordance with law, within a period of four weeks from the date of receipt of a copy of this order. Till an order is passed by the first respondent, no coercive steps shall be taken against the petitioner in respect of enhanced tax amount.

No costs.

Consequently, connected miscellaneous petition is closed. Sd/- Assistant Registrar(CS) //True Copy// Sub Assistant Registrar mk To 1.The Deputy Commissioner Block 9, Chennai Corporation Lakeview Road,

2.The Assistant Revenue Officer Zone IX, Corporation of Chennai No.1, Lake Area, 4th Cross Street, +1cc to Mr.T.C.Gopalakrishnan , Advocate SR.No. 81766 +3ccs to Mr.S.Muthuvenkatraman,Advocate SR.No. 822214,81798,81799 W.P.No.28142 of 2019 A.SK(23/10/2019)