M.Murugan v. The Commissioner
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 16.09.2019
CORAM
THE HONOURABLE MR.JUSTICE K.RAVICHANDRABAABU W.P.No.27413 of 2019 and W.M.P.No.26868 of 2019 M.Murugan ..Petitioner Vs 1.The Commissioner, Corporation of Chennai, Ripon Buildings, No.1131, EVR Periyar Salai, Park Town, Chennai - 600 003.
2.The Deputy Commissioner (Revenue & Finance), Corporation of Chennai, Ripon Buildings, No.1131, EVR Periyar Salai, Park Town, Chennai - 600 003.
3.Regional Deputy Commissioner, The Greater Chennai Corporation, No.36B, 2nd Cross Street, Pulla Ave, Shenoy Nagar, Chennai - 600 030.
4.Zonal Officer, Zone VIII (Ambattur), No.36B, 2nd Cross Street, Pulla Ave, Shenoy Nagar, Chennai - 600 030.
.. Respondents Writ Petition filed under Article 226 of the Constitution of India, seeking issuance of a writ of mandamus, to direct the first respondent to consider the Objection/Appeal dated 04.11.2018 sent by the petitioner to the second respondent and pass a final order on the same and further direct the respondents to restrain from taking any adverse action against the petitioner or his property without passing a final order. For Petitioner : Mr.B.Deepak Narayanan 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 the parties, the main writ petition is taken up for final disposal at the admission stage itself.
2. This writ petition is filed seeking for a mandamus directing the first respondent to consider the objection/appeal dated 04.11.2018 filed by the petitioner against the general revision notice No.1 dated 30.10.2018.
3. It is seen that the respondent/Corporation enhanced the property tax in respect of the subject matter property by issuing the general revision notice No.1 dated 30.10.2018 and that the petitioner had challenged the said notice before the concerned Appellate Authority by way of appeal dated 04.11.2018.
4. The grievance of the petitioner is that, without even disposing the said appeal, the authorities are contemplating to recover the tax due from the petitioner.
5. The learned standing counsel appearing for the respondent/Corporation, based on instructions, submitted that enquiry in the appeal proceedings was already over and the Appellate Authority will pass orders on the appeal within a short time.
6. Considering the above stated facts and circumstances and without expressing any view on the merits of the claim made by the petitioner in the appeal, this Writ Petition is disposed of, only by directing the second respondent to pass orders on the objection/appeal dated 04.11.2018 on merits and in accordance with law, within a period of two weeks from the date of receipt of a copy of this order. Till an order is passed by the second respondent, no coercive steps shall be taken against the petitioner. No costs. Consequently, connected miscellaneous petition is closed.
mk Sd/- Assistant Registrar //True Copy// Sub Assistant Registrar
To 1.The Commissioner, Corporation of Chennai, Ripon Buildings, No.1131, EVR Periyar Salai, Park Town, Chennai - 600 003.
2.The Deputy Commissioner (Revenue & Finance), Corporation of Chennai, Ripon Buildings, No.1131, EVR Periyar Salai, Park Town, Chennai - 600 003.
3.Regional Deputy Commissioner, The Greater Chennai Corporation, No.36B, 2nd Cross Street, Pulla Ave, Shenoy Nagar, Chennai - 600 030.
4.Zonal Officer, Zone VIII (Ambattur), No.36B, 2nd Cross Street, Pulla Ave, Shenoy Nagar, Chennai - 600 030.
+1cc to Mr.T.C.Gopalakrishnan, Advocate, SR.No.79176 W.P.No.27413 of 2019 Kak(15/10/2019)