Aasiya Kadheejathul Kubra v. The Greater Chennai Corporation
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 06.11.2024
CORAM
THE HONOURABLE MR.JUSTICE MOHAMMED SHAFFIQ W.P.No.31650 of 2024 and W.M.P.Nos.34409 and 34411 of 2024 Aasiya Kadheejathul Kubra ..Petitioner Vs.
The Greater Chennai Corporation, Represented by its Commissioner, Rippon Building, Poonamalle High Road, Chennai 600 003.
..Respondent PRAYER: Writ Petition filed under Article 226 of the Constitution of India, praying to issue Writ of Certiorarified Mandamus calling for the records pertaining to the impugned demand notice of the Respondent dated 23.07.2024 and Quash the same and consequently direct the Respondent to unseal the premises in Door No. 222/224, Thambu chetty Street, Chennai-1.
For Petitioner : Mr.A.Mohamed Ismail For Respondent : Mr.S.Gopinathan Standing Counsel for Chennai Corporation
ORDER
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The present writ petition is filed challenging the impugned order dated 23.07.2024, whereby a demand for property tax was sought to be levied in respect of the property situated at Door No. 222/224, Thambu Chetty Street, Chennai-1.
2. The limited ground of challenge raised in the present writ petition is that the petitioner is the legal heir of Mohaideen Abdul Kather, who was the original owner of the property in question. The challenge is based on the ground that demand notice has been issued in violation of principles of natural justice inasmuch as no prior notice was issued nor were any details provided as to the manner in which the demand of Rs.5,15,589/- has been arrived at.
3. The learned counsel for the respondent would submit that the petitioner may approach the appropriate authority, who is the Zonal Officer, Zone-V, to which, the learned counsel for the petitioner does not have any objection.
4. In view thereof, petitioner is at liberty to approach the Zonal Officer, Zone-V and the Zonal Officer would provide the petitioner with necessary details and thereafter if the petitioner has any objections, it is always open to submit their 2/4
objections, which would be duly considered and orders would be passed in accordance with law. Until such time, the impugned demand notice dated 23.07.2024 shall be kept in abeyance. The petitioner shall submit their representation within a period of two weeks from the date of receipt of a copy of this order, failing which, it is open to the respondent to proceed with further recovery proceedings. In the meanwhile, the premises shall be de-sealed. Accordingly, the writ petition stands disposed of. Consequently, connected miscellaneous petitions are closed. No costs. 06.11.2024 Speaking (or) Non Speaking Order Index:Yes/No shk To The Greater Chennai Corporation, Represented by its Commissioner, Rippon Building, Poonamalle High Road, Chennai 600 003.
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MOHAMMED SHAFFIQ, J.
shk W.P.No.31650 of 2024 and W.M.P.Nos.34409 and 34411 of 2024 06.11.2024 4/4