Madras High CourtWP(MD)/22606/2017disposed of

C.A.Asraf Ali, v. The Commissioner,

2018-02-05Honourable Mr Justice V. Bharathidasan2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 05.02.2018

CORAM:

THE HONOURABLE MR.JUSTICE V.BHARATHIDASAN W.P.(MD)No.22606 of 2017 and W.M.P.(MD)No.18892 of 2017 C.A.Asraf Ali ... Petitioner -VsThe Commissioner, Madurai Corporation, Madurai.

... Respondent Prayer:

Writ Petition is filed under Article 226 of the Constitution of India praying for the issuance of a Writ of Certiorarified Mandamus, calling for the records relating to the respondent impugned provisional demand notice dated 10.08.2017 in respect of the petitioner's property tax Assessment No.10511 relating to D.No.19, K.K.Nagar East 1st Street, Madurai and quash the same and further direct the respondent to receive the existing tax amount of Rs.1,535/- per half.

For Petitioner : Mr.PT.S.Narendravasan For Respondent : Mr.K.Govindarajan

ORDER

The Writ Petition has been filed, challenging the provisional demand notice dated 10.08.2017, passed by the respondent / Corporation.

2.According to the petitioner, after issuing provisional demand notice, without calling for any objection, and passing the final assessment notice, now directing the petitioner to pay the entire arrears.

3.The learned counsel for the respondent submitted that it is only the provisional demand notice. If any objections are filed, it will be properly considered and suitable orders will be passed. 4.In the above circumstances, the petitioner is directed to raise his objections before the respondent, regarding the provisional demand notice passed by the respondent, within a period of two weeks from the date of receipt of a copy of this order and if any objections are filed, within the said period, the respondent is https://hcservices.ecourts.gov.in/hcservices/

directed to consider the same and pass suitable orders on merits and in accordance with law, within a period of two weeks thereafter. If no such objections are raised, it is always open to the respondent to confirm the provisional demand notice. In the mean time, the respondent is directed not to insist upon the petitioner to pay the arrears.

5.With the above direction, this Writ Petition is disposed of. There shall be no order as to costs. Consequently, connected miscellaneous petition is closed.

Sd/- Assistant Registrar (CS-III) /True Copy/ Sub Assistant Registrar To The Commissioner, Madurai Corporation, Madurai.

+ 1 CC TO Mr.P.T.S.NARENDRA VASAN, ADVOCATE IN SR No. 46153 MYR TE/SKN-RSK/SAR-2 : 13/02/2018 : 2P/3C W.P(MD)No.22606 of 2017 and W.M.P.(MD)No.18892 of 2017 05.02.2018 https://hcservices.ecourts.gov.in/hcservices/