Wsa Ahamed Ishaque v. The Commissioner

IN THE HIGH COURT OF JUDICATURE AT MADRAS Dated : 10.11.2023

CORAM

THE HON'BLE Mr. JUSTICE KRISHNAN RAMASAMY WSA Ahamed Ishaque ... Petitioner Vs.

1.The Commissioner, Corporation of Chennai, Ripon Building, 53, Raja Muthiah Road, Kannappar Thidal, Periyamet, Chennai 600 003.

2.The Executive Engineer, Corporation of Chennai, Zone No.IX, 8, 4th Cross Street, Lake Area, Nungambakkam, Chennai 600 034.

... Respondents Prayer:

Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus, to direct the 1st respondent to consider the representation made on 14.06.2023 and to grant remission of property tax under Section 105 of the Chennai City Municipal 1/5

Corporation Act, 1919.

For Petitioner : Mr.S.Adarsh For Respondent : Mr.P.Prithvi Chopda, Standing counsel

ORDER

This writ petition has been filed to direct the 1st respondent to consider the representation made on 14.06.2023.

2. Mr.P.Prithvi Chopda, learned Standing counsel, takes notice on behalf of the respondents. By consent of the parties, the main writ petition is taken up for disposal at the admission stage itself.

3. The case of the petitioner was that on 13.02.2012, a notice was issued by the respondents calling for approved plan. Thereafter, on 10.05.2013, the respondents had locked and sealed the premises of the petitioner for the period from I/2014-2015 to II/2022 to 2023, against which an appeal was filed by the petitioner.

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4. Further, the learned counsel for the petitioner would submit that at this juncture, the property tax for the aforesaid period, when the building was locked and sealed, has been levied. Hence, a representation was made by the petitioner on 14.06.2023 for the purpose of remission of property tax. The said representation was not at all considered by the respondents till date. Hence, this writ petition.

5. In reply, the learned counsel for the respondent would submit that the respondents will consider the said representation dated 14.06.2023 and dispose of the same as early as possible.

6. Heard the learned counsel for the petitioner and the respondents and also perused the materials available on record.

7. In view of the above, this Court directs the first respondent to consider the petitioner's representation dated 14.06.2023 on its own merits and dispose of the same in accordance with law within a period of 30 days from the date of receipt of copy of this order. 3/5

8. With the above direction, this writ petition is disposed of. No costs.

10.11.2023 Speaking/Non-speaking order Index : Yes / No nsa To 1.The Commissioner, Corporation of Chennai, Ripon Building, 53, Raja Muthiah Road, Kannappar Thidal, Periyamet, Chennai 600 003.

2.The Executive Engineer, Corporation of Chennai, Zone No.IX, 8, 4th Cross Street, Lake Area, Nungambakkam, Chennai 600 034.

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KRISHNAN RAMASAMY.J., nsa 10.11.2023 5/5