V.Sathyanarayana Reddy v. Greater Chennai Corporation
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 30.10.2019
CORAM
THE HON'BLE MR. JUSTICE K.RAVICHANDRABAABU W.P.No.30525 of 2019 and W.M.P.No.30563 of 2019 V.Sathyanarayana Reddy
...Petitioner
vs.
1.Greater Chennai Corporation Rep. by the Commissioner Rippon Buildings Chennai-3.
2.The Regional Deputy Commissioner Central Region Greater Chennai Corporation No.36-B, 2nd Cross Street Pulla Avenue, Shenoy Nagar Chennai-600 030.
3.The Zonal Officer Zone-VII Greater Chennai Corporation M.T.H.Road Ambathur, Chennai-53.
...Respondents
Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus, directing the 2nd respondent to dispose of the petitioner's appeal dated 22.01.2019 against the Notice-1 dated 29.09.2018 bearing No.E/1/18-19/538828 issued by the 3rd respondent on behalf of the 1st respondent in respect of the petitioner's property tax assessment 02425 (07-088-02425-000/Old Property ID AMB-60346) relating to the property situated at S.F.No.304/1A & 306/1B1, C.T.H. Road, Padi, Chennai-50 within a reasonable period after providing sufficient opportunity to the petitioner and to pass orders in accordance with law and on merits.
For Petitioner :
Mr.D.Rajasekar 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 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 direction to the second respondent to dispose of the appeal filed by the petitioner dated 22.01.2019 against Notice No.1 of the Property Tax General Revision 2018-2019 dated 29.09.2018.
3. The petitioner filed the said appeal challenging the revision of property tax from existing half-yearly tax of Rs.1,11,365/- to Rs.2,48,435/-.
4. This Court at this stage is not expressing any view on the merits of the claim made by the petitioner in the appeal, as it is for the concerned Appellate Authority viz., the second respondent to consider and decide. The only relief sought for in this writ petition is for disposal of the said appeal.
5. Considering the fact that the appeal was filed on 22.01.2019, as it could be seen from the seal affixed by the respondent/Corporation in the said appeal, this Writ Petition is disposed of only with a direction to the second respondent to consider the said appeal and pass orders on the same on merits and in accordance with law within a period of six weeks from the date of receipt of a copy of this order. Till such time, no coercive action shall be taken against the petitioner to recover the enhanced portion of the tax alone. In other words, the petitioner is bound to pay the existing tax, till the disposal of the appeal. No costs. Consequently, connected miscellaneous petition is closed.
sd/- Assistant Registrar(CS-III) // True Copy// Sub Assistant Registrar mk
To 1.Greater Chennai Corporation Rep. by the Commissioner Rippon Buildings Chennai-3.
2.The Regional Deputy Commissioner Central Region Greater Chennai Corporation No.36-B, 2nd Cross Street Pulla Avenue, Shenoy Nagar Chennai-600 030.
3.The Zonal Officer Zone-VII Greater Chennai Corporation M.T.H.Road Ambathur, Chennai-53.
+1cc to Mr.TC.Gopalakrishnan, Advocate, SR.No.89900. +1cc to Mr.D.Rajasekar, Advocate, SR.No.89993. W.P.No.30525 of 2019 VG-II (CO) CSR(26/11/2019)