Anandaram Choudhary v. Pudukkottai Municipality

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED :23.07.2018

CORAM

THE HONOURABLE MR.JUSTICE M.S.RAMESH W.P.(MD)Nos.16030 and 16031 of 2018 and W.M.P.(MD) Nos.14284 to 14287 of 2018 In W.P.(MD) No.16030 of 2018:

Anandaram Choudhary : Petitioner Vs.

Pudukkottai Municipality, Rep. by its Commissioner, Pudukkottai, Pudukkottai District.

:Respondent PRAYER: Writ Petition filed under Article 226 of the Constitution of India, praying to issue a Writ of Mandamus directing the respondent herein, their men agents or servants or any one claiming under them from in any manner from demanding revised property tax for Assessment Nos.109/020/01275, Old Assessment No.109/24438 and Assessment Nos.109/020/01276, Old Assessment No.109/24439 in respect of property situated at T.S.No.3886/2 Ground Floor and 1st Floor, situated at Mela Raja Veethi, Pudukottai without following due process of law.

For Petitioner : Mr.AL.Kannan For Respondent : Mr.P.Mahendran Standing Counsel In W.P.(MD) No.16031 of 2018:

Anandaram Choudhary : Petitioner Vs.

Pudukkottai Municipality, Rep. by its Commissioner, Pudukkottai, Pudukkottai District.

:Respondent PRAYER: Writ Petition filed under Article 226 of the Constitution of India, praying to issue a Writ of Mandamus directing the respondent herein, their men agents or servants or any one claiming under them from in any manner from demanding revised property tax for Assessment Nos.109/020/00207, Old Assessment No.109/17606 from the petitioner in respect of property situated at T.S.No.2371 situated at North Main Street, Pudukottai without following due process of law.

https://hcservices.ecourts.gov.in/hcservices/ For Petitioner : Mr.AL.Kannan

For Respondent : Mr.P.Mahendran Standing Counsel C O M M ON O R D E R Mr.P.Mahendran, Standing Counsel takes notice on behalf of the respondent.

2. By consent of both parties, these writ petitions are taken up for final disposal at the stage of admission itself.

3. It is the grievance of the petitioner that his representations dated 10.03.2018, seeking to revise the property tax, has not been considered by the respondent till date and therefore, has filed the present writ petition. 4.This Court has not expressed any of its view with regard to the merits of the representations made by the petitioner. It is needless to point out that whenever representations of this nature are made, the respondent is duty bound to consider the same in one way or other. Non consideration of the same would amount to dereliction of his ordinary duties of his office and as such this Court would be justified in invoking its powers under Article 226 of the Constitution of India to direct him to consider the petitioner's representations within a stipulated time.

5.In view of the limited prayer sought for in these writ petitions, there shall be a direction to the respondent to consider the petitioner's representations dated 10.03.2018, on its own merits and take further action in accordance with law, within a period of four weeks from the date of receipt of a copy of this order.

6.With the above direction, these writ petitions are disposed of. No costs. Consequently, connected W.M.P.(MD) Nos. 14284 to 14287 of 2018 are closed.

Sd/ Assistant Registrar(CO) /True copy/ Sub Assistant Registrar (CS-IV) To The Commissioner,Pudukkottai Municipality,Pudukkottai, Pudukkottai District.

+2cc to Mr.AL.KANNAN, Advocate, SR.No.74851,74852 +1cc to Mr.P.Mahendran, Advocate, SR.No.75499 W.P.(MD)Nos.16030 and 16031 of 2018 and W.M.P.(MD) Nos.14284 to 14287 of 2018 23.07.2018 SJI KK/MMS/SAR-4/06.08.2018/2P-5C/ https://hcservices.ecourts.gov.in/hcservices/