Ganapathi Narayanasamy v. The Commissioner,

W.P.(MD)No.9169 of 2009 and BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 01.10.2020

CORAM

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN W.P.(MD)No.9169 of 2009 and M.P.(MD)No.2 of 2009 and W.M.P.(MD)No.21409 of 2018

1. Ganapathi Narayanasamy

2. R.Muthuraja

3. R.Ramesh

4. N.Naguleswara Raj Rep. by Power of Attorney N.Hariharan ... Petitioners Vs.

1. The Commissioner, Madurai Corporation, Annamaligai, Thallakulam, Madurai.

2. AR.Chidambaram ... Respondents Prayer: Writ petition is filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, forbearing the first respondent herein from demanding the petitioner for payment of property tax including arrears of property tax from the petitioners except in accordance with rules in force with relating to Door No.70-A, West Tower Street, Madurai, under the Assessment No.65412 that belongs to the second respondent and consequently direct the first respondent to initiate appropriate action against the second respondent for arrears and payment of property tax. For Petitioners : Mr.S.Srinivasa Raghavan For R-1 : Mr.T.S.Mohamed Mohidheen For R-2 : Mr.G.Aravindan * * *

O R D E R

The prayer in this writ petition is that the first respondent should follow due process of law while levying property tax on the petition mentioned property.

2. When the matter was taken up for hearing, the learned counsel appearing for the petitioners stated that the first petitioner has passed away due to Covid-19.

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W.P.(MD)No.9169 of 2009 and

3. I am afraid that this case need not be kept alive for this reason. The case also should be given a decent burial by accepting the stand of the petitioners. All that the petitioners want is that the Corporation must follow due process of law. The learned Standing counsel states that Madurai Corporation will definitely adhere to follow due process of law, while levying or assessing property tax on the petition mentioned property.

4. Recording the stand taken by the learned Standing counsel, this writ petition stands disposed of. No costs. Consequently, connected miscellaneous petitions are closed. Sd/- Assistant Registrar (CS-I) // True Copy // / /2020 Sub Assistant Registrar(CS ) pmu Note: In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate/litigant concerned.

To:

The Commissioner, Madurai Corporation, Annamaligai, Thallakulam, Madurai.

+1 CC to M/s.T.S. MOHAMED MOHIDHEEN, Advocate ( SR-18935[F] dated 05/10/2020 ) +1 CC to M/s.S. SRINIVASA RAGHAVAN, Advocate ( SR-19208[F] dated 06/10/2020 ) W.P.(MD)No.9169 of 2009 01.10.2020 NR (12.10.2020) 2P 4C https://hcservices.ecourts.gov.in/hcservices/ 2/2