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Madras High CourtWP/37609/2024disposed of

N G Anbalagan v. The Executive Officer

2024-12-18Honourable Mr Justice Mohammed Shaffiq4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 18.12.2024

CORAM

THE HONOURABLE MR.JUSTICE MOHAMMED SHAFFIQ N.G.Anbalagan ... Petitioner Vs.

1.The Executive Officer Town Panchayat, Thiruporur, 179 Old Mahabalipuram Road, Thiruporur 603 110.

2.The Director Directorate of Town Panchayat, Urban Administration Campus, Santhome High Road, Chennai 600 028.

3.The Assistant Director, Town Panchayats, Kanchipuram Zone, Kanchipuram 631 501.

... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India, praying to issue a Writ of Certiorarified Mandamus to call for the records of the first respondent herein, pertaining to the total levy of property tax of Rs.31,676/- made in the name of the petitioner in letter bearing X.K.No.590/2023 dated 18.12.2023 and Vacant Land Tax No.4577 for the years 2015-2024 and quash the same by consequently directing the respondents No.1-3 to reassess the property tax levied for the petitioner's flat bearing No.302 in the H3 tower of the 'H' block of Sare Homes, Sowbhagya Vijayam Nagar, Thiruporur 603 110. 1/4

For Petitioner : Mr.K.Natesh for M/S BFS Legal For Respondents : Mr.P.Balathandayutham, Special Government Pleader.

ORDER

The writ petition is filed challenging the impugned proceeding dated 18.12.2023 whereby a demand for property tax amounting to Rs.31,676/- has been made.

2. The learned counsel for the petitioner would submit that the above demand has been made without considering the representation filed by the petitioner on various dates viz., 28.12.2022, 19.01.2023, 27.03.2024 and 29.05.2024.

3. The learned counsel for the respondents would submit that the representation of the petitioner dated 29.05.2024 would be considered by the respondents and appropriate orders would be passed within a period of four weeks, the same was agreed to by the learned counsel for the petitioner.

4. In view of the same, taking into consideration the facts and 2/4

circumstances of the case and the limited relief sought for in this writ petition, there shall be a direction to the respondents to consider the petitioner's representation dated 29.05.2024, 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 four

(4) weeks from the date of 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, the concerned respondent shall 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. 18.12.2024 Speaking (or) Non Speaking Order Index : Yes/ No shk MOHAMMED SHAFFIQ, J.

shk To:

1.The Executive Officer Town Panchayat, Thiruporur,179 Old Mahabalipuram Road, 3/4

Thiruporur 603 110.

2.The Director Directorate of Town Panchayat,Urban Administration Campus, Santhome High Road, Chennai 600 028.

3.The Assistant Director, Town Panchayats, Kanchipuram Zone, Kanchipuram 631 501.

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