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Madras High CourtWP(MD)/1449/2023dismissed for nonprosecution

Zion Good Shepherds Matriculation Higher Secondary School v. The Commissioner

2023-02-28Honourable Mr Justice P.D.Audikesavalu4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 28.02.2023 C O R A M THE HONOURABLE MR.JUSTICE P.D.AUDIKESAVALU and W.M.P.(MD)No. 1330 of 2023 Zion Good Shepherds Matriculation Higher Secondary School, Rep by Through its David Memorial Educational Trust, Managing Trustee, S.Damayanthi David ... Petitioner Vs.

The Commissioner, Madurai Corporation, Madurai.

... Respondent PRAYER: Writ Petition filed under Article 226 of the constitution of India, to issue a Writ of Certiorari to call for the records relating to petitioner's school property tax Old Assessment No. 115/094/08390 and New Assessment No. 115/092/904570 respondent's demand notice dated 27.08.2020 and consequential attachment notice dated 30.12.2022 for demanding property tax amount sum of Rs.7,23,397, quash the same. 1/4

For Petitioner : No representation For Respondent : Mr. S.Vinayak Standing Counsel

ORDER

Learned Counsel appearing for the Respondent has produced a copy of break-up figures for the property tax dues for the period from 2018-2019-II to 2022-2023-II along with demand notice dated 08.07.2022, a copy of which has been placed on record.

2.

Though the matter has been posted under the caption 'for dismissal', there was no representation for the Petitioner when the matter was called at 11.10 a.m. today, apart from the earlier hearing on 31.01.2023. In such circumstances, there does not appear to be any useful purpose being served in keeping the Writ Petition pending indefinitely when the Petitioner is not interested in prosecuting the same and accordingly, the Writ Petition is dismissed for non-prosecution. It is made clear that the Petitioner is not 2/4

precluded from applying for revival of the Writ Petition, if necessary, in accordance with law. Consequently, connected Miscellaneous Petition is closed. No costs.

28.02.2023 Index : Yes/No Internet : Yes/No Sm Note:- Issue order copy by 03.03.2023.

TO:

The Commissioner, Madurai Corporation, Madurai.

COPY TO:

Zion Good Shepherds Matriculation Higher Secondary School, Rep by Through its David Memorial Educational Trust, Managing Trustee, S.Damayanthi David, W/o. (Late) David Dharamaraj, and its office situated at A.P.K.Main Road, Avaniyapuram, Madurai.

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P.D.AUDIKESAVALU,J.

Sm 28.02.2023 4/4