C.Mohammed Ilyaas v. The Greater Chennai Corporation
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED :16.12.2024
CORAM
THE HONOURABLE MR.JUSTICE MOHAMMED SHAFFIQ W.P. No.36806 of 2024 and W.M.P.No.39724 of 2024 C.Mohammed Ilyaas ... Petitioner Vs.
1.The Greater Chennai Corporation, Rep. By its Commissioner, Rippon Building, Chennai 600 003.
2.The Revenue Officer, Greater Chennai Corporation, Rippon Building, Chennai 600 003.
3.The Zonal Officer, Greater Chennai Corporation Zone-X, Kodambakkam, No.117, NSK Salai, Kodambakkam, Chennai 600 024.
4.The Assistant Revenue Officer, Greater Chennai Corporation Zone-X, Kodambakkam, No.117, NSK Salai, Kodambakkam, Chennai 600 024.
... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus directing the respondents to de-seal the building bearing Door No.44/8, Jeenis Road, Saidapet, Chennai 600 015 forthwith.
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For Petitioner : Mr.S.Thirumavalavan For Respondents : Mr.A.Arun Babu, Standing Counsel
ORDER
The present writ petition is filed praying for a writ of mandamus directing the respondents to de-seal the building bearing Door No.44/8, Jeenis Road, Saidapet, Chennai 600 015.
2. It is submitted by the learned counsel for the petitioner that the impugned order is without jurisdiction inasmuch as there is no power vested with the respondent authority to seal the residential building for the alleged property tax that are due. It is then submitted that the petitioner had requested the Corporation to waive/ reduce the property tax in respect of the above premise since the premise was let out to a hotel and was locked by the respondent authority during the period 2009-2014. It is submitted by the learned counsel for the petitioner that they are ready and willing to pay a sum of Rs.1,00,000/- out of the total demand of Rs.3,89,340/- to show their bonafides and would request that the premises may be de-sealed, agreed to by the learned counsel for the respondents. They would also request that the respondent authority may consider their application for reduction / waiver of 2/5
the property tax.
3. To a pointed question as to the pendency of the application for waiver / reduction of the property tax, it was submitted by the learned counsel for the respondents that the petitioner may file a fresh representation for waiver / reduction of property tax and the same would be considered and orders would be passed within a period of two weeks, the same was agreed to by the learned counsel for the petitioner.
4. In view thereof, on payment of Rs.1,00,000/-, the property shall be de-sealed. The petitioner shall submit its representation for waiver / reduction of property tax to the respondents and the same would be considered and orders would be passed within a period of two weeks from the date of receipt of a copy of this order. On receipt of any such representation, the respondents shall proceed to pass order in accordance with law after affording the petitioner an opportunity of hearing.
5. Accordingly, the writ petition stands disposed of. There shall be no order as to costs. Consequently, connected miscellaneous petition is closed. 16.12.2024 Speaking (or) Non Speaking Order 3/5
shk MOHAMMED SHAFFIQ, J.
shk To:
1.The Commissioner, The Greater Chennai Corporation, Rippon Building, Chennai 600 003.
2.The Revenue Officer, Greater Chennai Corporation, Rippon Building, Chennai 600 003.
W.P. No.36806 of 2024 and W.M.P.No.39724 of 2024 3.The Zonal Officer, Greater Chennai Corporation Zone-X, Kodambakkam, No.117, NSK Salai, Kodambakkam, Chennai 600 024.
4.The Assistant Revenue Officer, Greater Chennai Corporation Zone-X, Kodambakkam, No.117, NSK Salai, Kodambakkam, Chennai 600 024.
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