S.Ganesan, v. The Secretary,

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 24.04.2018

CORAM:

THE HONOURABLE MR.JUSTICE M.S.RAMESH W.P.(MD) No.9153 of 2018 and W.M.P.(MD) No.8512 of 2018 S.Ganesan ... Petitioner vs.

1. The Secretary, Secretariat Chepauk, Chennai-9

2. The Commissioner, Commissionarate of Municipal Administration, Department, Ezhilagam, Chennai-9.

3. The Regional Director, Thanjavur.

4. The Commissioner, Aranthangi Municipality, Aranthangi,Pudukottai District.

... Respondents PRAYER : Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Mandamus, directing the fourth respondent to return all the trees, timbers and wood materials seized from the petitioner's saw mill on 28.03.2018 within a stipulated time by considering the petitioner's representation dated 16.04.2018 For Petitioner : Mr.Baalasundharam For Respondents No.1 to 3 : Mr.V.Anand Government Advocate No.4 : Mr.P.Mahendran

O R D E R

By consent of both parties, this writ petition is taken up for final disposal at the stage of admission itself.

2. In connection with the arrears of the property tax for the year 2016-2017 & 2017-2018 amounting to Rs.85,236/- the timbers from the petitioner's saw mill came to be seized on 28.03.2018.

3. The learned counsel for the petitioner submits that on 29.03.2018 the petitioner had paid an amount of Rs.10,384/- and Rs.9797/- towards part payment of arrears and also submits that he is right now willing to make an payment of Rs.31,752/- by way of Demand Draft

4. The learned counsel standing appearing for the respondent also submits that in case, if the petitioner makes payment, they are willing to receive the amount and consequently release the seized materials also subject to the petitioner pays the balance of arrears within the stipulated time.

5. In light of the submissions made by the learned counsel for the respondent, the learned counsel for the petitioner, at this point of time paid a sum of Rs. 31,752/- (Rupees Thirty One thousand Seven hundred and Fifty two only) by way of Demand Draft (bearing Nos.158244 for Rs.31549/- and 158262 for Rs.203/- dated 17.04.2018 both drawn on State Bank of India) to the fourth respondent's counsel. Consequently, the fourth respondent shall forthwith release the seized materials of the petitioner within a period of three days from today. The balance of arrears i.e., Rs.33,293/- of the property tax shall be paid by the petitioner with in a period of two weeks from the date of receipt of a copy of this order.

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

Sd/- Assistant Registrar(P&A) /True copy/ Sub Assistant Registrar To

1. The Secretary, Secretariat Chepauk, Chennai-9

2. The Commissioner, Commissionarate of Municipal Administration, Department, Ezhilagam, Chennai-9.

3. The Regional Director, Thanjavur.

4. The Commissioner, Aranthangi Municipality, Aranthangi,Pudukottai District.

+1cc to Mr.P.Mahendran, Advocate, SR.No.63264. W.P.(MD) No.9153 of 2018 and W.M.P(MD) No.8512 of 2018 aav RAM/JC/SAR 4/22.05.2018/3P/6C