Madras High CourtCONT P(MD)/905/2021disposed of

K. Durairaj v. Tiruchirapalli City Corporation Rep. By Its

2022-11-03Honourable Mr Justice N. Anand Venkatesh4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 03.11.2022

CORAM:

THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH in W.P(MD)No.8865 of 2021

1. K. Durairaj,

2. K. Balraj,

3. K. Rajendran, : Petitioners Vs

1. Tiruchirapalli City Corporation, represented by Its, Commissioner, Corporation Buildings, Bharathidasan Salai, Tiruchirappalli - 620 001

2. Vinoth, The Assistant Commissioner, Tiruchirappalli City Corporation, K. Abieshakapuram Zone, Puthur, Tiruchirapalli - 17 : Respondents PRAYER: Contempt Petition filed under Section 10 of the Contempt of

Courts Act, to punish the 2nd respondents/contemnors for the contempt that they have committed violating the order passed by this Division Bench of Madras High Court in W.P.(MD).NO.8865 of 2021 in W.M.P. (MD).NO.6664/2021, dated 30.04.2021.

For Petitioners : Mr.S.K.Mani For Respondents : Mr.R.Baskaran Standing Counsel

O R D E R

This contempt petition has been filed on the ground that the petitioners were directed to deposit a sum of Rs.9,50, 000/- before the second respondent Corporation as a condition for the grant of stay and it was also mentioned in the order that this amount pertains to the property tax payable for the period of six years however, the respondents, while issuing the receipt, adjusted this amount for a period more than six years and according to the learned counsel for the petitioners, it also covered the period, which according to the petitioners, is barred by limitation.

2. The issue that has been raised can be agitated in the main writ petition itself and it is made clear that if ultimately the writ petition is allowed in favour of the petitioners, the amount will confine itself only

for the period of assessment within limitation. This clarity will safeguard the interest of both the parties.

3. This contempt petition is disposed of accordingly. 03.11.2022 Index:Yes/No Internet:Yes/No RR To

1. The Commissioner, Tiruchirapalli City Corporation, Corporation Buildings, Bharathidasan Salai, Tiruchirappalli - 620 001

2. The Assistant Commissioner, Tiruchirappalli City Corporation, K. Abieshakapuram Zone, Puthur, Tiruchirapalli - 17

N.ANAND VENKATESH , J.

RR ORDER MADE IN 03.11.2022