M.Balasubramaniyam v. The Commissioner Coimbatore

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 20.01.2020

CORAM

THE HONOURABLE DR. JUSTICE ANITA SUMANTH Writ Petition Nos.28387 & 28391 of 2019 WMP.Nos.28073, 28070, 28067 & 28072 of 2019 Mr.M.Balasubramaniyam

...Petitioner in both WPs

Vs.

1.The Commissioner Coimbatore City Municipal Corporation Town Hall, Coimbatore 2.The Asst. Commissioner South Zone Coimbatore City Municipal Corporation Coimbatore 3.The Commissioner Municipal Administration Chennai-5.

... Respondents in WPs PRAYER: PETITION filed under Article 226 of the Constitution of India praying for the issuance of Writ of certiorarified Mandamus, calling for the records of the 2nd respondent in Assessment Nos.2811502 & 2811501 for the period from 01.04.2018 through online demand, quash the same and direct the respondents 1 & 2 to make the revisional assessment in accordance with the rules and recommended guidelines. For Petitioner (in both) : Mr.B. Nedunchezhiyan For Respondents(in both) : Mr.J. Sathyanarayana Prasad Standing Counsel for R1 & R2 Mr.B. Anand Government Advocate for R3

O R D E R

The impugned demands have been raised pursuant to G.O.Ms. No.73 of 2018 dated 19.07.2018, Municipal Administration and Water Supply (MA.IV) Department.

2. The contesting respondents i.e. R1 and R2 have filed a counter today, wherein they confirm that G.O.Ms.No.73 has been kept in abeyance by G.O.Ms.No.150 dated 19.11.2019, Municipal https://hcservices.ecourts.gov.in/hcservices/

Administration and Water Supply (MA.IV) Department. This is recorded.

3. In the light of the fact that the impugned demands emanate only from G.O.Ms.No.73, setting out the general revision of property tax, the impugned demands have no legs to stand and are set aside. Let appropriate measures for assessing property tax be taken after constitution of the Committee and receipt of its report as per G.O.Ms.No.150.

4. These writ petitions are allowed in the aforesaid terms. Consequently, connected miscellaneous petitions are closed with no order as to costs.

Sd/- Assistant Registrar (CS-VI) //True Copy// Sub Assistant Registrar ska To 1.The Commissioner Coimbatore City Municipal Corporation Town Hall, Coimbatore 2.The Asst. Commissioner South Zone Coimbatore City Municipal Corporation Coimbatore 3.The Commissioner Municipal Administration Chennai-5.

+1cc to Mr.B.Nedunchezhiyan, Advocate, S.R.No. 3999 +1cc to Mr.J.Sathyanarayan Prasad, Advocate, S.R.No. 3553 +1cc to the Government Pleader, S.R.No. 4365 +1cc to Mr.J.Sathyanarayan Prasad, Advocate, S.R.No. 3553 (05/03/2020) Writ Petition Nos.28387 & 28391 of 2019 WMP.Nos.28073, 28070, 28067 & 28072 of 2019 EV(CO) GN(14/02/2020) https://hcservices.ecourts.gov.in/hcservices/