John K.John v. The Commissioner

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 20.12.2018

CORAM

THE HON'BLE MR. JUSTICE K.RAVICHANDRABAABU W.P.No.33745 of 2018 and W.M.P.No.39175 of 2018 John K.John

...Petitioner

vs.

1.The Commissioner Corporation of Chennai Rippon Building, Chennai-600 003.

2.The Assistant Revenue Officer Zone-8 Corporation of Chennai No.36B, 2nd Cross Street, Pulla Avenue, Shenoy Nagar, Chennai-600 030.

...Respondents

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 respondents in the impugned general revision notice No.S/1/18-19/904403 dated 23.10.2018 and quash the same and direct the respondents to issue a revised demand notice keeping in mind that the property is "self-occupied, residential".

For Petitioner :

Mr.A.R.Karunakaran For Respondents:

Mr.T.C.Gopalakrishnan standing counsel

O R D E R

Mr.T.C.Gopalakrishnan, learned standing counsel takes notice for the respondents. By consent of the parties, the main writ petition is taken up for final disposal at the admission stage itself.

2. The petitioner is aggrieved against the general revision notice dated 23.10.2018.

3. Admittedly, as against the impugned proceedings, the petitioner has got right to file a statutory appeal before the https://hcservices.ecourts.gov.in/hcservices/

concerned Appellate Authority. Therefore, the petitioner can raise all the objections as raised in this writ petition before the Appellate Authority, by filing a regular appeal. Since such statutory remedy is available to the petitioner, this Court is not inclined to entertain this writ petition.

4. Therefore, this writ petition is disposed of, by granting liberty to the petitioner to file an appeal before the concerned Appellate Authority within a period of two weeks from the date of receipt of a copy of this order. If any such appeal is filed, the concerned Appellate Authority shall consider the same and pass orders on merits and in accordance with law. No costs. Consequently, connected miscellaneous petition is closed. Sd/- Assistant Registrar //True Copy// Sub Assistant Registrar mk To 1.The Commissioner Corporation of Chennai Rippon Building, Chennai-600 003.

2.The Assistant Revenue Officer Zone-8 Corporation of Chennai No.36B, 2nd Cross Street, Pulla Avenue, Shenoy Nagar, Chennai-600 030.

+1cc to Mr.A.R.Karunakaran, Advocate, S.R.No.88763 +1cc to Mr.T.C.Gopalakirushnan, Advocate, S.R.No. 89100 W.P.No.33745 of 2018 KJI(CO) GN(23/01/2019) https://hcservices.ecourts.gov.in/hcservices/