R.Srinivasan v. The Commissioner
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 11.11.2020
CORAM
THE HONOURABLE MR.JUSTICE ABDUL QUDDHOSE R.Srinivasan ... Petitioner Vs.
1.The Commissioner, Madurai Corporation, Madurai.
2.The Assistant Commissioner, Madurai Corporation Zone-3, C.M.R. Road, Madurai - 9.
... Respondents Prayer : Writ Petition is filed under Article 226 of the Constitution of India to issue a Writ of Mandamus, to direct the second respondent to consider the petitioner's representation dated 20.08.2020 pending before the second respondent and to modify as well as upgraded the petitioner's address No.56, Fathima Jinna Street, New Meenakshi Nagar, New Ramnad Road in the Computer. For Petitioner : Mr.T.R.Subramanian For Respondents : Mr.R.Murali, Standing Counsel
ORDER
(This petition was heard through video conferencing) This writ petition has been filed for a Mandamus seeking for a direction to the second respondent to consider the petitioner's representation, dated 20.08.2020 seeking for modification as well as upgradation of the petitioner's address No.56, Fathima Jinna Street, New Meenakshi Nagar, New Ramnad Road in the Computer system of the second respondent.
2.It is the case of the petitioner that his house is located at the above mentioned address. According to the petitioner, the second respondent has assessed property tax for the house of the petitioner as if the petitioner's house is located at New Ramnad Road. According to the petitioner, in view of the said assessment, 1/3
the property tax payable by the petitioner is on the higher side. According to him, the property tax should be assessed for the house situated in No.56, Fathima Jinna Street, New Meenakshi Nagar, New Ramnad Road, in which case, the property tax payable by the petitioner will be lower. He has given representation, on 20.08.2020 seeking for modification of the property tax assessment to the second respondent. According to him, till date the said representation has not been considered by the second respondent. In such circumstances, this writ petition has been filed. 3.Heard Mr.T.R.Subramanian, learned counsel appearing for the petitioner and Mr.R.Murali, learned Standing Counsel appearing for the respondents.
4.The relief sought for by the petitioner is an innocuous relief. According to the petitioner, his house is situated at Fathima Street and not in New Ramnad Road. It is his case that in view of wrong assessment, he is compelled to pay higher property tax to the second respondent. The petitioner has given representation, dated 20.08.2020 seeking for modification of the property tax assessment for the petitioner's house, which according to him, has not been considered till date. No prejudice will be caused to the respondents, if the said representation is considered by them. 5.For the forgoing reasons, this Court directs the second respondent to consider the petitioner's representation, dated 20.08.2020 seeking for modification of the property tax assessment for his house situated at No.56, Fathima Jinna Street, New Meenakshi Nagar, New Ramnad Road and pass final orders on merits and in accordance with law, within a period of eight weeks from the date of receipt of a copy of this order.
6.With the aforesaid directions, this writ petition is disposed of. No costs.
Sd/- Assistant Registrar (CS-I) // True Copy // / /2020 Sub Assistant Registrar(CS) gns Note: In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate/litigant concerned.
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To 1.The Commissioner, Madurai Corporation, Madurai.
2.The Assistant Commissioner, Madurai Corporation Zone-3, C.M.R. Road, Madurai - 9.
+1 CC to M/s.R.MURALI, Advocate ( SR-22133[F] dated 19/11/2020 ) 11.11.2020 SVN(CO) NR (26/11/2020) 3P : 4C 3/3