Indarchand Lall @ I.M.Lall v. The Commissioner
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 25.04.2025
CORAM:
THE HONOURABLE MR.JUSTICE VIVEK KUMAR SINGH 1.Indarchand Lall alias I.M.Lall 2.L.Reka Bharath 3.S.Deepa 4.Shimla ... Petitioners -vs1.The Commissioner, Trichy City Corporation, Promenade Road, Cantonment, Trichy - 1, Trichy District.
2.The Assistant Commissioner, Ward Committee Office - 1, Trichy City Corporation, Promenade Road, Cantonment Trichy - 1, Trichy District.
... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India, to issue a Writ of Certiorarified Mandamus, calling for the records relating to second respondent's proceedings made in Na.Ka.No.0147/2025/A3(Va.Ku.A-1) dated
07.02.2025, quash the same and further direct him to dispose of the petitioners' appeal dated 06.01.2025 without insisting them to pay enhanced tax amount, within a stipulated period as may be fixed by this Court. For Petitioners : Mr.R.Sundar For Respondents : Mr.K.R.Kishoreram for M/s.R.B. Law Associates
ORDER
This Writ Petition has been filed seeking to quash the proceedings of the second respondent, dated 07.02.2025 and also a further direction to dispose of the petitioners' appeal dated 06.01.2025 without insisting them to pay enhanced tax amount.
2. With the consent of both sides, this Writ Petition is taken up for final disposal at the admission stage itself.
3. The petitioners submit that the property more fully described in the writ petition belongs to them by virtue of a registered sale deed dated 25.03.2015. The second respondent issued a notice to the petitioners, informing them about the enhanced tax amount and advising that, if they had any grievances, they could file an appeal before the appropriate committee. Accordingly, the petitioners filed
their appeal. However, during the pendency of the appeal, the second respondent issued the impugned notice, stating that the appeal would be considered only upon payment of the enhanced tax amount. Hence, the present writ petition.
4. Heard both sides.
5. Considering the facts and circumstances of the case, without going into the merits of the case, this Court hereby directs the second respondent to consider the appeal filed by the petitioners, dated 06.01.2025, on merits and pass appropriate orders in accordance with law, after giving due opportunity of hearing to the petitioners, within a period of two months from the date of receipt of a copy of this order.
6. With the above directions, this Writ Petition stands disposed of. There shall be no order as to costs.
NCC : Yes / No 25.04.2025 Index : Yes / No (2/2) smn2
To:- 1.The Commissioner, Trichy City Corporation, Promenade Road, Cantonment, Trichy - 1, Trichy District.
2.The Assistant Commissioner, Ward Committee Office - 1, Trichy City Corporation, Promenade Road, Cantonment Trichy - 1, Trichy District.
VIVEK KUMAR SINGH , J.
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