M.Thiyagarajan v. The Commissioner

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 04.08.2016

CORAM

THE HONOURABLE MR.JUSTICE T.RAJA W.P(MD).No.14000 of 2016 **** M.Thiyagarajan ...

Petitioner Vs The Commissioner, Karur Municipality Karur.

...

Respondent Writ Petition filed under Article 226 of the Constitution of India for the issuance of a Writ of Mandamus directing the respondent to delete the property tax assessment in property tax assessment numbers 210572 and 210575 and demands in respect of the tax assessments at Town Survey No.210, 5th Block, 3rd Ward, Karur Town, Karur District on the basis of the petitioner's representation dated 01.07.2016 in accordance with law. For petitioner : M/s.AN.Ramanathan For respondent : Mr.K.Balasubramani *******

ORDER

The petitioner's mother-in-law, namely, one Pappathi was the absolute owner of land and commercial complex in Town Survey No.210, 5th Block, 3rd Ward, Karur Town, Karur District.

Originally, there were five shops and five assessments were made by the petitioner. Out of which, three shops were converted into a single shop and other two shops remain the same assessment number. In view of the subsequent development, on the basis of the request made by the petitioner's mother-in-law, the respondent through his proceedings dated 06.02.2000, deleted two assessment numbers 10572 and 10575, as the property in question was converted into one. 2.

The main grievance of the petitioner is that though the respondent has deleted the assessment numbers 10572 and 10575, (new nos.210572 and 210575) and the respondent is now demanding https://hcservices.ecourts.gov.in/hcservices/

the property tax for those two survey numbers, in fact, a Resolution was passed by the respondent in favour of the petitioner and through the proceedings of the respondent dated 30.01.2015, it was decided to drop those two tax assessment numbers. Subsequently, the Assistant Director of Municipalities through his proceedings dated 30.04.2015 has directed the respondent to take steps to delete the tax assessment in respect of tax assessment numbers 210572 and 210575. In this regard, the petitioner has also made a detailed representation to the respondent on 01.07.2016. Despite of all these facts, the respondent has not passed any order forcing the petitioner to prefer this Writ Petition.

3.

Mr.K.Balsubramani, accepts notice for the respondent. 4.

In view of the limited prayer sought for in this Writ Petition, without going into the merits of the case, the respondent is directed to consider the representation of the petitioner, dated 01.07.2016, on merits and in accordance with law, and pass appropriate orders within a period of four weeks from the date of receipt of a copy of this order. With the above direction, this Writ Petition stands disposed of. No costs.

Sd/- Assistant Registrar(CS-I) /True Copy/ Sub-Assistant Registrar To The Commissioner, Karur Municipality Karur.

+One c to M/s.A.N.Ramanathan, Advocate, SR.No.41846 ssm RL/3C/2P/DB/11/8/2016 W.P(MD).No.14000 of 2016 https://hcservices.ecourts.gov.in/hcservices/ 04.08.2016