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Madras High CourtCMP(MD)/1281/2021allowed

P.Ramasubbu v. The Commissioner,

2021-02-12Honourable Mr Justice R. Subramanian2 pages

CMP(MD) No.1281 of 2021 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Civil Appellate Jurisdiction ) Friday, the Twelfth day of February Two Thousand and Twenty One PRESENT The Hon`ble Mr.Justice R.SUBRAMANIAN CMP(MD) No.1281 of 2021 in SA(MD)No.79 of 2021 P.RAMASUBBU ... PETITIONER/APPELLANT Vs THE COMMISSIONER, KODAIKANAL MUNICIPALITY, KODAIKANAL.

... RESPONDENT/RESPONDENT Petition filed praying that in the circumstances stated therein and in the affidavit filed therewith the High Court may be pleased to passed order of Interim Injunction restrained the respondent, his men, servants, subordinates are any one acting under him from any manner levying, collecting, demanding or take any coercive steps in respect of the property tax levied to Door No.11/49A2-20, Kodaikanal Municipality bearing assessment No.3320 pursuant to Special notice No.856037 dated 16.06.1995 issued by the Respondent more fully described in the petition filed along herewith pending disposal of the present Second Appeal. Description of Property Kodaikanal Municipality bearing Door No:

Assessment No: Special Notice No: Date 11/49A2-20 856037 16.06.1995 Prayer in SA(MD). 79/ 2021 :

To set aside the decree and judgment passed by the Honourable Principal Subordinate Judge Court at Palani in AS No.43 of 1997 dated 04.11.2020 reversing the Judgment of the District Munsif cum Judicial Magistrate Court at Kodaikanal passed in O.S. No.205 of 1995 dated 31.03.1997 with costs throughout and render justice.

ORDER : This petition coming up for orders on this day, upon perusing the petition and the affidavit filed in support thereof and https://hcservices.ecourts.gov.in/hcservices/ 1/2

CMP(MD) No.1281 of 2021 upon hearing the arguments of Mr.T.T.RAVICHANTRAN, Advocate for the petitioner and Mr.L.P.Mouriya, Advocate taking notice on behalf of the Respondent, the Court made the following order:- Considering the fact that the very special notice enhancing the property tax is under challenge and the fact that the appellant had the benefit of injunction pending suit and the appeal, there will be an order of interim injunction as prayed for, until further orders.

2. Mr.L.P.Mouriya, learned Counsel takes notice for the respondents.

3.Counter by 01.03.2021.

sd/- 12/02/2021 / TRUE COPY / / /2021 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO

1. THE PRINCIPAL SUBORDINATE JUDGE, PALANI.

2. THE DISTRICT MUNSIF CUM JUDICIAL MAGISTRATE, KODAIKANAL.

+1 CC to Mr.T.T.RAVICHANDRAN, Advocate ( SR-970[I] dated 12/02/2021 )

ORDER

IN CMP(MD) No.1281 of 2021 in SA(MD)No.79 of 2021 Date :12/02/2021 cmr AE/JC/SAR-IV (19/02/2021) 2P / 4C https://hcservices.ecourts.gov.in/hcservices/ 2/2