Madras High CourtWP(MD)/3313/2025disposed of

R Ponvendhan v. Thoothukudi City Municipal Corporation

2025-02-05Honourable Mr.Justice Vivek Kumar Singh4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 05.02.2025

CORAM:

THE HONOURABLE MR.JUSTICE VIVEK KUMAR SINGH and W.M.P.(MD)Nos.2315 and 2317 of 2025 R.Ponvendhan ... Petitioner -vs1.Thoothukudi City Municipal Corporation, Rep. by the Commissioner / Executive Authority, Thoothukudi - 628 001.

2.The Assistant Commissioner, West Zone, Thoothukudi City Municipal Corporation, Thoothukudi.

... Respondents PRAYER:- Writ Petition filed under Article 226 of the Constitution of India, to issue a Writ of Certiorari, calling for the records relating to the impugned order dated 24.12.2024 in A1/002386/Me.Ma and consequential letters dated 31.12.2024 and 10.01.2025 issued by the second respondent with regard to Door No.172A/1, Palayamkottai Road, Melur, Tuticorin, Tuticorin District and quash the same.

For Petitioner : Mr.B.Rajesh Saravanan For Respondents : Mr.N.Anandakumar Standing Counsel

ORDER

This Writ Petition has been filed seeking to quash the impugned order dated 24.12.2024, and the consequential letters dated 31.12.2024 and 10.01.2025 issued by the second respondent, with regard to Door No.172A/1, Palayamkottai Road, Melur, Tuticorin, Tuticorin District.

2. Heard both sides. With the consent of both sides, this Writ Petition is disposed at the admission stage itself.

3. There is no merit in the challenge to the impugned demand in this Writ Petition. If at all, the petitioner is aggrieved, he has to file an appeal in terms of Section 100 of the Tamil Nadu Urban Local Bodies Act, 1998 as in force with effect from 13.04.2023.

4. Considering the fact that the time for filing the appeal has already been expired, this Court is inclined to grant the petitioner an opportunity to file an appeal within 15 days from the date of receipt of a copy of this order, subject to the pre-deposit requirement as may be directed by the Taxation Appeal

Committee. Upon filing such an appeal, the appellate authority is directed to dispose of the appeal on merits and in accordance with law within a further period of one month thereafter. Further, the water connection of the petitioner shall be restored forthwith.

5. With the above directions, this Writ Petition stands disposed of. There shall be no order as to costs. Consequently, connected Miscellaneous Petitions are closed.

NCC : Yes / No 05.02.2025 Index : Yes / No smn2 Note:- Issue order copy on 06.02.2025.

To:- 1.The Commissioner / Executive Authority, Thoothukudi City Municipal Corporation, Thoothukudi - 628 001.

2.The Assistant Commissioner, West Zone, Thoothukudi City Municipal Corporation, Thoothukudi.

VIVEK KUMAR SINGH , J.

smn2 05.02.2025