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Madras High CourtWP/39037/2024disposed of

J Jayashankar v. The Commissioner

2025-01-03Honourable Mr Justice Mohammed Shaffiq4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 03.01.2025

CORAM

THE HONOURABLE MR.JUSTICE MOHAMMED SHAFFIQ and W.M.P.No.42279 of 2024 J.Jayashankar .. Petitioner Vs.

The Commissioner, Hosur City Municipal Corporation, City Municipal Corporation Office, Hosur.

.. Respondent PRAYER: Writ Petition filed under Article 226 of the Constitution of India, praying to issue a Writ of Certiorari, to call for the records relating to the impugned notice dated 05.12.2024 issued by the respondent herein to the petitioner in respect of the Property Tax Assessment Numbers 153/014/900479 to 900487 and quash the same.

For Petitioner : Mr.K.Rajkumar for Mr.R.Bharath Kumar For Respondent : Mr.T.Balaji Standing Counsel

ORDER

The present writ petition is filed challenging the attachment notice dated 05.12.2024 which is stated to have been issued for non payment of property tax which according to the petitioner is discharged till date.

2. The learned Standing Counsel for the respondent would submit that the petitioner may be right in submitting that the property taxes have been discharged, however, the street usage charges which is calculated on the basis of the property tax is yet to be paid, to which the learned counsel for the petitioner would submit that they have never been served with any notice relating to the street usage charges.

3. The learned Standing Counsel for the respondent would submit that they would issue a fresh notice and proceed in accordance with law after affording the petitioner an opportunity of hearing.

4. Recording the same the writ petition stands disposed of. The impugned demand notice is set aside. The respondent would issue a fresh

notice and thereafter proceed to determine the street usage charges after affording the petitioner a reasonable opportunity of hearing. The entire exercise shall be completed within a period of 8 weeks from the date of receipt of a copy of this order. The petitioner would cooperate in the proceedings. No costs. Consequently, connected miscellaneous petition is closed.

03.01.2025 Speaking (or) Non Speaking Order Index:Yes/No mrn To:

The Commissioner, Hosur City Municipal Corporation, City Municipal Corporation Office, Hosur.

MOHAMMED SHAFFIQ, J.

mrn and W.M.P.No.42279 of 2024 03.01.2025