G.Punitha Kumar v. The Director
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 25.03.2025
CORAM:
THE HONOURABLE MR.JUSTICE VIVEK KUMAR SINGH and W.M.P.(MD)Nos.6187 to 6189 of 2025 G.Punitha Kumar ... Petitioner -vs1.The Director, Municipal Administration Office, Santhome Road, Raja Annamalai Puram, Chennai - 600 028.
2.The Commissioner, Tiruchirapalli Corporation, Trichirapalli District.
3.The Assistant Commissioner, Ward Committee Office-V, Tiruchirapalli Corporation, Trichirapalli District.
... Respondents PRAYER:- Writ Petition filed under Article 226 of the Constitution of India, to issue a Writ of Certiorarified Mandamus, calling for the impugned Notices, vide Assessment No.086/055/902460, dated 11.01.2025 and Assessment No. 086/055/906123, dated 11.01.2025, on the file of the third respondent and quash
the same and consequently, direct the third respondent to issue Property Tax Assessment / Working sheet for particular extent in No.150A, Ponnagar, Tiruchirapalli District, after conducting proper measurement, by considering petitioner's representation dated 13.03.2025, in accordance with law, within the time stipulated by this Court.
For Petitioner : Dr.R.Alagumani For R1 : Mr.K.S.Selva Ganesan Additional Government Pleader For R2 and R3 : Mr.R.Bhaskaran Senior Counsel for M/s.R.B.Law Associates
ORDER
This writ petition has been filed seeking to quash the impugned notices issued by the third respondent, dated 11.01.2025 and a consequential direction to the third respondent to issue Property Tax Assessment / Working sheet for particular extent in No.150A, Ponnagar, Tiruchirapalli District, after conducting proper measurement, by considering petitioner's representation dated 13.03.2025, in accordance with law.
2. Heard both sides.
3. There is no merit in the challenge to the impugned demand notices in this Writ Petition. If the petitioner is aggrieved, the proper course of action would be to file an appeal under Section 100 of the Tamil Nadu Urban Local Bodies Act, 1998, as amended with effect from 13.04.2023. However, considering the circumstances of the case, this Court directs the petitioner to pay half of the amount demanded by the respondent Corporation within one week from today. Upon receipt of the payment, the third respondent shall restore the petitioner's drainage and water service connections.
4. The petitioner is also permitted to file an appeal under Section 100 of the Tamil Nadu Urban Local Bodies Act, 1998, within two weeks from the date of receipt of a copy of this order. In the event, an appeal is filed within the said period, the appellate authority shall entertain the appeal regardless of the limitation period and dispose of it in accordance with law, providing due opportunity to the petitioner, within three months from the date of filing of such appeal. It is further clarified that if the petitioner fails to deposit half of the demanded amount as directed, the third respondent shall not restore the drainage and water service connections.
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 25.03.2025 Index : Yes / No smn2 Note:- Issue order copy on 01.04.2025.
To:- 1.The Director, Municipal Administration Office, Santhome Road, Raja Annamalai Puram, Chennai - 600 028.
2.The Commissioner, Tiruchirapalli Corporation, Trichirapalli District.
3.The Assistant Commissioner, Ward Committee Office-V, Tiruchirapalli Corporation, Trichirapalli District.
VIVEK KUMAR SINGH , J.
smn2 25.03.2025