Pandiya Vellalar Madam v. The Executive Authority /

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 23.08.2018

CORAM:

THE HONOURABLE MR.JUSTICE V.PARTHIBAN W.P.(MD) No.8284 of 2014 and W.M.P.(MD).No.7859 of 2018 Pandiya Vellalar Madam, Though its President, Dr.K.M.Selvaraj, S/o.K.M.Murugesan, No.13, Gandhi Road, Palani.

... Petitioner vs.

The Executive Authority / Commissioner, Palani Municipality, Palani Municipal Office, Red Cross Road, Palani-624 601.

... Respondent PRAYER: Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Certiorari, by calling for the records relating to the impugned notices dated 29.03.2018 in reference No.M.F.No.25-I-II, issued by the respondent herein to the petitioner Madam and quash the same.

For Petitioner : Mr.S.Natarajan For Respondent : Mr.G.Arjunan

O R D E R

This writ petition is filed to quash the impugned notice dated 29.03.2018, issued by the respondent herein, in reference No.M.F.No.25-I-II.

2.The issue is in relation to the enhanced property tax by the respondent against the respective shops occupied by the members of the petitioner's Association.

3.According to the petitioner, before the issuance of impugned notice on 29.03.2018, a special notice was issued on 08.03.2018 by the respondent. As against the special notice, a revision was preferred by the petitioner's Association on 06.03.2018. Pending the decision of the revision petition, the final impugned notice was issued on 29.03.2018. Against which, the present writ petition has been filed.

https://hcservices.ecourts.gov.in/hcservices/ 4.When the matter is taken up for hearing, the learned counsel

appearing for the respondent would submit that the respondent may be directed to pass appropriate orders on the revision petition filed on behalf of the petitioner on 06.03.2018, within the time stipulated by this Court.

5.Considering the submission made on behalf of the respondent, this Court passed the following directions:

(a)The impugned notice dated 29.03.2018 issued by the respondent, is hereby set aside, only on the ground that the said notice was issued without taking any decision on the revision petition.

(b)The respondent shall pass appropriate orders on the revision petition filed on behalf of the petitioner, within a period of eight weeks from the date of receipt of a copy of this order.

6.With the above directions, this writ petition is disposed of. No costs. Consequently, the connected miscellaneous petition is closed.

Sd/- Assistant Registrar (AS) /True Copy/ Sub Assistant Registrar(CS-I) To The Executive Authority / Commissioner, Palani Municipality, Palani Municipal Office, Red Cross Road, Palani-624 601.

+1cc to Mr.S.Natarajan, Advocate SR.No.80129 +1cc to Mr.G.Arjunan, Advocate SR.No.80132 Ns MK/RP/SAR 1/07.09.2018/2P/4C W.P.(MD) No.8284 of 2018 23.08.2018 https://hcservices.ecourts.gov.in/hcservices/