R.S.Bharathi v. Govt Of Tamil Nadu
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 01.11.2023
CORAM
THE HON'BLE MR.SANJAY V.GANGAPURWALA, CHIEF JUSTICE AND THE HON'BLE MR.JUSTICE D.BHARATHA CHAKRAVARTHY R.S.Bharathi : Petitioner versus 1.The Government of Tamil Nadu, rep. By its Secretary to Government, Municipal Administration and Water Supply Department, Secretariat, Chennai 9 2.Commissioner of Municipal Administration, Ezhilagam, Chepauk, Chennai 5 3.Greater Chennai Corporation, rep. By its Special Officer cum Commissioner, 4.Rationalilsation Committee for property tax, 5.Zonal Officer, Greater Chennai Corporation, Alandur (Zone XII) No.1, New Street, Near GST Road, Alandur, Chennai 16 : Respondents Prayer: Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Declaration declaring that general revision of property tax as introduced and implemented by the 3rd respondent in
respect of the properties situated in Ward Nos.160 to 167 of Alandur Zone XII of the Greater Chennai Corporation pursuant to the G.O.(Ms) No.73 Municipal Administration and Water Supply (MA.IV) Department dated 19.7.2018 and G.O.(Ms) No.76 Municipal Administration and Water Supply (MA.IV) Department dated 26.7.2018 is illegal unreasonable unfair unjust null and void and direct the respondents to re-fix the property tax in respect of the properties situated in Ward Nos.160 to 167 of Alandur Zone XII after taking into account of the comparison of pre-revised tax between the erstwhile areas of Chennai Corporation and amalgamated areas of erstwhile Alandur Municipality and after getting opinion and suggestions from the residents, traders and associations in Ward Nos.160 to 167 of Alandur Zone XII with due public notice in conspicuous places in the locality; without demanding the revised/enhanced property taxes in respect of the properties situate in Ward Nos.160 to 167 of Alandur Zone XII. For the Petitioner :
No appearance For Respondent No.1 :
Mr.T.K.Saravanan, Government Advocate
ORDER
(Made by the Hon'ble Chief Justice) None appears for the petitioner. Heard Mr.T.K.Saravanan, learned Government Advocate, for the first respondent.
2. The petitioner assails G.O.Ms.No.73 dated 19.07.2018 and G.O.Ms.No.76 dated 26.07.2018, in this writ petition.
3. Mr.T.K.Saravanan, learned Government Advocate, submits
that the impugned Government Orders are withheld by the Government and are not implemented.
4. In light of that, challenge to the said Government Orders would not survive. In case the said Government Orders are sought to be implemented, the petitioner is at liberty to agitate the issue afresh, as may be permissible under law.
5. The writ petition is disposed of. There will be no order as to costs. Consequently, WMP No.36371 of 2018 is closed. (S.V.G., CJ.) (D.B.C., J.) 01.11.2023 Index : Yes/No : Yes/No tar To 1.The Secretary to Government, Municipal Administration and Water Supply Department, Secretariat, Chennai 9 2.Commissioner of Municipal Administration, Ezhilagam, Chepauk, Chennai 5 3.Special Officer cum Commissioner,
THE HON'BLE CHIEF JUSTICE AND D.BHARATHA CHAKRAVARTHY, J.
(tar) 4.Rationalilsation Committee for property tax, 5.Zonal Officer, Greater Chennai Corporation, Alandur (Zone XII) No.1, New Street, Near GST Road, Alandur, Chennai 16 01.11.2023