P.K.Kuriyan v. The Commissioner,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 15.10.2019

CORAM

THE HON'BLE MR. JUSTICE K.RAVICHANDRABAABU W.P.No.29034 of 2019 and W.M.P.Nos.28816 & 28817 of 2019 P.K.Kuriyan

...Petitioner

vs.

1.The Commissioner Greater Chennai Corporation Chennai-600 003.

2.The Assistant Revenue Officer Zone-08, Revenue Department Greater Chennai Corporation No.36B, 2nd Cross Street, Pulla Ave, Shenoy Nagar, Chennai-600 030.

...Respondents

Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus, to call for the records of the 1st respondent viz., Notice No.1 Property Tax General Revision 2018-2019 dated 23.10.2018 under S/1/1819/905186 and quash the same and consequentially, direct the 1st respondent to dispose of the petitioner's representation dated 08.11.2018, 10.11.2018 and 07.01.2019 in accordance with law. For Petitioner :

Mr.Uttam Joseph Cheriyan for Mr.George Cheriyan 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. This writ petition is filed challenging the Notice No.1 Property Tax General Revision 2018-2019 dated 23.10.2018, wherein and whereby, the half yearly property tax in respect of the petitioner's property was enhanced from Rs.1,875/- to Rs.29,310/-.

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3. Though this writ petition is filed challenging the enhancement, it is not in dispute that the petitioner has already approached the Regional Deputy Commissioner (Central), Greater Chennai Corporation, Chennai-600 030, by way of filing an appeal and that the appeal is still pending before the said authority.

4. The learned standing counsel appearing for the Corporation on verification, submitted that the said appeal will be considered and appropriate orders will be passed on merits and in accordance with law, within a period of four weeks.

5. Considering the above stated facts and circumstances and without expressing any view on the merits of the matter, this Writ Petition is disposed of, only by directing the said Appellate Authority viz., the Regional Deputy Commissioner (Central), Greater Chennai Corporation, Chennai-600 030, to dispose the appeal filed by the petitioner within a period of four weeks from the date of receipt of a copy of this order. Till an order is passed as directed supra, no coercive action shall be taken against the petitioner to recover the tax dues over and above the existing tax. No costs. Consequently, connected miscellaneous petitions are closed. mk Sd/- Assistant Registrar(CS VIII) //True Copy// Sub Assistant Registrar To 1.The Commissioner Greater Chennai Corporation Chennai-600 003.

2.The Assistant Revenue Officer Zone-08, Revenue Department Greater Chennai Corporation No.36B, 2nd Cross Street, Pulla Ave, Shenoy Nagar, Chennai-600 030.

+1cc to Mr.George Cheriyn Advocate, SR.No.86305 +1cc to Mr.T.C. Gopalakrishnan, Advocate, SR.No.86626 W.P.No.29034 of 2019 Kak(08/11/2019) https://hcservices.ecourts.gov.in/hcservices/