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Madras High CourtWP/39378/2024disposed of

Sriram v. The Commissioner,

2024-12-21Honourable Mr Justice Mohammed Shaffiq5 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 21.12.2024

CORAM

THE HONOURABLE MR.JUSTICE MOHAMMED SHAFFIQ and W.M.P.No.42655 of 2024 Sriram .. Petitioner Vs.

1. The Commissioner, Vellore Municipal Corporation, Corporation of Vellore, Vellore District.

2. The Assistant Commissioner, Vellore Municipal Corporation, Vellore, Zone -II, Vellore District.

.. 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 relating to the impugned notice in taxation No.035/030/902149 dated 26.11.2024, quash the same and consequently direct the respondents to replace the old tax amount.

For Petitioner : Mr.S.Kasirajan For Respondents : Mr.P.S.Prabu Standing Counsel

ORDER

The present writ petition is filed challenging the impugned notice dated 26.11.2024 wherein the property tax of Rs.2,54,679/- was demanded for the financial year 2024-25.

2. It is submitted by the learned counsel for the petitioner that the above property tax has been levied assuming that the property which is in possession / owned by the petitioner measures 5076 sq.ft but in fact it only measures 1400sq.ft. It is further submitted by the learned counsel for the petitioner that the petitioner filed its reply on 02.12.2024, however, the same has not been considered.

3. The learned counsel for the respondents would submit that it is not clear if the reply dated 02.12.2024 was served on the respondents.

4. At this stage the learned counsel for the petitioner would request that they may be permitted to file a representation / reply within a period of 2 weeks, to which the learned counsel for the respondents would submit that if any such reply / representation is made within 2 weeks

they shall consider and pass orders within 2 weeks from the date of receipt of such representation / reply.

5. In view thereof the petitioner is permitted to file their reply / representation within a period of 2 weeks from the date of receipt of a copy of this order. The respondents shall pass order after affording the petitioner a reasonable opportunity of hearing within a period of 2 weeks thereafter. In the mean while recovery proceedings shall be kept in abeyance. If for any reason the petitioner does not file any objection it is open to the respondent to proceed to recover in accordance with law.

6. Accordingly, the writ petition stands disposed of. No costs. Consequently, connected miscellaneous petition is closed. 21.12.2024 Speaking (or) Non Speaking Order Index:Yes/No spp

To:

1. The Commissioner, Vellore Municipal Corporation, Corporation of Vellore, Vellore District.

2. The Assistant Commissioner, Vellore Municipal Corporation, Vellore, Zone -II, Vellore District.

MOHAMMED SHAFFIQ, J.

spp and W.M.P.No.42655 of 2024 21.12.2024