← Library
Madras High CourtWP/33547/2024disposed of

G Mahendran v. The Commissioner

2024-11-19Honourable Mr Justice Mohammed Shaffiq5 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 19.11.2024

CORAM

THE HONOURABLE MR.JUSTICE MOHAMMED SHAFFIQ W.P. No. 33547 of 2024 and W.M.P.No. 36322 of 2024 ---- G.Mahendran ... Petitioner Vs.

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

2.The Managing Director CMWSSB No.1, Pumping Station Road Chinthadripet, Chennai - 600 002.

... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus, directing the 1st respondent to dispose of the representation of the petitioner dated 16.07.2022 by giving personal hearing, correct the built up area and usage of the property and pass orders in accordance with law within the time frame to be fixed by this Court.

1/5

For Petitioner : Mr.N.P.Jayakumar For Respondent-1 : Mr.Prithi Chopda Standing Counsel for Chennai Corporation For respondent-2 : Mrs.V.Vijayalakshmi Standing Counsel ----

ORDER

The present writ petition has been filed seeking a direction to the 1st respondent to dispose of the representation of the petitioner dated 16.07.2022 by giving personal hearing, correct the built up area and usage of the property and pass orders in accordance with law within the time frame to be fixed by this Court.

2. The petitioner is the owner of the property bearing Door No. 10/2, Sheik Ali Subedhar Street, Periamet, Chennai - 600 003. The 1st respondent has assessed his property tax vide Bill No. 05-058-005784000. The property tax was revised by the first respondent from Rs.11,754/- to Rs.26,745/- during General Survey Period by Notice No.1, dated 15.06.2022 with effect from 1/2022-23. It is submitted that 2/5

the actual land extent is only 979 sqft., but the respondent has assessed to tax treating the property as measuring 1200 sqft. Subsequently, the petitioner has been filed a representation dated 16.07.2022 before the 1st Respondent.

3. At the outset, Mr.Prithvi Chopda, learned Standing Counsel for Chennai Corporation who takes notice for the 1st Respondent would submit that the representation of the petitioner dated 16.07.2022 would be considered by the Respondent and orders passed within a period of 6 weeks from the date of receipt of a copy of this order.

4. In view of the same, taking into consideration the facts and circumstances of the case and the limited relief sought for in this Writ Petition, there shall be a direction to the 1st Respondent to consider the petitioner's representation dated 16.07.2022, on its own merits and pass appropriate orders in accordance with law, after affording reasonable opportunity of hearing to the petitioner and any other interested persons/stake holders, within a period of six (6) weeks from the date of 3/5

receipt of a copy of this order. It is made clear that this Court has not expressed any views with regard to the merits of the representation and it is open to the concerned respondent to consider the representation on its own merits and in accordance with law.

5. With the above directions, the writ petition stands disposed of. No costs. Consequently, WMP.No.36322 of 2024 is closed. 19.11.2024 Speaking (or) Non Speaking Order Index : Yes/ No MSM To 1.The Commissioner Greater Chennai Corporation Ripon Building Chennai-600 003.

2.The Managing Director CMWSSB No.1, Pumping Station Road Chinthadripet, Chennai - 600 002.

4/5

MOHAMMED SHAFFIQ, J.

MSM W.P. No. 33547 of 2024 and W.M.P.No. 36322 of 2024 19.11.2024 5/5