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Madras High CourtWP/33548/2016settled before the lokadalats

Ghisulal Parasmal, v. The Commissioner,

2017-10-11Honourable Mr Justice J.A.K. Sampathkumar(Lok-Ii)3 pages

HIGH COURT LEGAL SERVICES COMMITTEE, CHENNAI Lok Adalat-II organised by the High Court Legal Services Committee Wednesday, the 11th day of October, 2017 LOK ADALAT AWARD (Chapter VI and u/s 21 of Legal Services Authorities Act, 1987) Presided by The Hon'ble Mr.JUSTICE J.A.K.SAMPATHKUMAR (Retd.) and Members Mr.A.Rosiah Mr.M.Sankar W.P.No.33548 of 2016 and W.MP.Nos.28957 and 28958 of 2016 (This Writ Petition is filed under Article 226 of the Constitution of India to issue a Writ of Certiorari calling for the records relating to the proceedings pursuant to the Demand Notice dated 06.06.2016, in Ref. Z.O.IX/RDC.No.SPL/2016-17 of the 2nd respondent in respect of the petitioner's property bearing New Door No.30/1, Old Door No. 20/1, Cathedral Garden Road, Nungambakkam, Chennai -600 034.) Ghisulal Parasmal ... Petitioner Vs

1. The Commissioner Corporation of Chennai, Ripon Building, Park Town, Chennai 600 003.

2. The Assistant Revenue Officer Revenue Department Zonal Office-IX,Corporation of Chennai, No.1, Lake Area 4th Cross Street, Nungambakkam, Chennai 600 034. ... Respondents This case came up for settlement before the Lok Adalat. Both the parties are present. M/s.Meenakshi Ganesan learned counsel for the appellants and M/s.Karthika,(Corporation of Chennai), learned counsel for the respondent are present. After mutual discussion, negotiation, mediation and conciliation between both parties, they arrived at a compromise to settle the matter as follows:

TERMS OF SETTLEMENT Both parties and their counsel are present. After due deliberation and negotiation, the Petitioner entered into a compromise and the Joint memo of compromise is filed and signed

by both parties. In terms of the compromise memo, reads as follows:- "1.The above writ petition was filed challenging the demand notice dated 06.06.2016, of Assistant Revenue Officer, Revenue Department, Zonal Office IX, Corporation of Chennai, Chennai - 600 034 in respect of the petitioner's property bearing new Door No.30/1, Old Door No. 20/1, cathedral Gardenroad, Nungambakkam, Chennai -600 034.

2.The matter was posted for mediation and in the mediation it was agreed between the parties that already the impugned demand notice was made in respect of the property by fixing property tax at Rs.1,33,650/-, per half year from the second half of 2009-10.

3.Now it is agreed between the parties that the property tax can be fixed at Rs.52,505/- per half year from the second half of 2009-10 and the petitioner herein agrees to pay the arrears after deducting the amount which has already been paid by the petitioner @ Rs.47,745/-.

4.Pending the writ petition, as a condition for the interim order, petitioner had already paid a sum of Rs.6,44,080/- and the arrears which shall be calculated as stated above shall be adjusted from the amount which has already been paid pursuant to the interim orders and the balance amount shall also be adjusted towards the future tax and as such the parties hereby agree on the above terms.

5.It is therefore prayed that the Writ Petition may be closed."

2. In view of the Joint Memo of Compromise, this Writ Petition is closed accordingly. The Joint memo of Compromise shall form part of the award.

Consequently, connected miscellaneous petitions are closed.

Sd/- Sd/- Ghisulal Parasmal Counsel for the Petitioner 1.The Commissioner Corporation of Chennai.

2.The Assistant Revenue Officer Revenue Department, Sd/- Chennai.

Counsel for the Respondents This Lok Adalat award is passed in terms of the above settlement

The full Court fee paid shall be refunded to the petitioner viz., in the manner provided under the Court Fees Act, 1870 as provided for under sub Sec.1 of Section 21 r/w 25 of LSA Act 1987 as amended in 1994.

Sd/- Judge Sd/- Sd/- Member Member Sd/- Assistant Registrar(L.A) //True Copy// Sub Assistant Registrar To 1.Ghisulal Parasmal, 30/1, Cathedral Garden Road, Teynampet, Chennai 34.

2.The Commissioner, Corporation of Chennai, Ripon Building, Park Town, Chennai 600 003.

3.The Assistant Revenue Officer, Revenue Department Zonal Office-IX,Corporation of Chennai, No.1, Lake Area 4th Cross Street, Nungambakkam, Chennai 600 034.

Copy To 1.The Record Keeper, High Court Legal Services Committee, Chennai.

2.The Section Officer, Lok Adalat Section, High Court, Madras.

3.The Section Officer, Writ Section, High Court, Madras.

+2 Copies W.P.No.33548 of 2016 GJ II(CO) CA(15.11.2017)