J. Indrani @ Jeyanthi v. The State Of Tamil Nadu

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 20.12.2024

CORAM:

THE HONOURABLE MR.K.R.SHRIRAM, CHIEF JUSTICE and THE HONOURABLE MRS.JUSTICE L.VICTORIA GOWRI and W.M.P.(MD)Nos.13858 & 13859 of 2019 J.Indrani @ Jayanthi ... Petitioner -vs1.The State of Tamil Nadu, Rep. By its Secretary, Department of Municipal Administration and Water Supply (MA.IV), Fort St. George, Chennai - 600 009.

2.The Commissioner of Municipal Administration, Commissionarate of Municipal Administration, 6th Floor, Ezhilagam Annex Building, Chepauk, Chennai - 600 005.

3.The Commissioner, Madurai Corporation, Thallakulam - 625 002.

Madurai District.

4.The Assistant Commissioner, Zone - I (West), Madurai Corporation, T.B. Road - 625 016.

Madurai District.

5.The Assistant Revenue Officer, Zone - I (West), Madurai Corporation, T.B. Road - 625 016.

Madurai District.

... Respondents PRAYER: Petition filed under Article 226 of the Constitution of India, to issue a Writ of Certiorari, calling for the records relating to the impugned Government Orders issued by the first respondent State Government in G.O.(Ms)No.73, Municipal Administration and Water Supply (MA.IV) Department dated 19.07.2018 and the consequential Special Notice dated (Assessment No. 115/017/00097) issued by the fourth respondent Assistant Commissioner, under

Section 169 and Rules 4 to 9 of the Schedule II of the Act, 1971, proposing the increased amount towards Property Tax viz., Rs.63,424/- with retrospect effect from 01.04.2018 upon the petitioner's building, quash the same. For Petitioner :

Mr.K.Ragatheesh Kumar for M/s.Isaac Chambers For Respondents 1 & 2 : Mr.SRA.Ramachandran Additional Government Pleader For Respondents 3 to 5 : Mr.K.Sivabalan, Standing Counsel

O R D E R

[Order of the Court was made by The Hon'ble CHIEF JUSTICE] Shri.K.Ragatheesh Kumar, states, in view of subsequent Government Order being G.O.(Ms)No.150, Municipal Administration and Water Supply (MA.IV) Department dated 19.11.2019, petition may be disposed. Counsel further states, if the subsequent decision is adverse to petitioner's interest, petitioner may challenge that Government Order.

2.In our view, that will be a separate cause of action available to petitioner.

3.Writ petition is disposed of. There shall be no order as to costs. Consequently, interim applications stand dismissed. [K.R.SHRIRAM., C.J.] [L.VICTORIA GOWRI, J.] 20.12.2024 NCC : Yes / No Index : Yes / No MR

To:

1.The Secretary, Department of Municipal Administration and Water Supply (MA.IV), Fort St. George, Chennai - 600 009.

2.The Commissioner of Municipal Administration, Commissionarate of Municipal Administration, 6th Floor, Ezhilagam Annex Building, Chepauk, Chennai - 600 005.

3.The Commissioner, Madurai Corporation, Thallakulam - 625 002.

Madurai District.

4.The Assistant Commissioner, Zone - I (West), Madurai Corporation, T.B. Road - 625 016.

Madurai District.

5.The Assistant Revenue Officer, Zone - I (West), Madurai Corporation, T.B. Road - 625 016.

Madurai District.

THE HON'BLE CHIEF JUSTICE and L.VICTORIA GOWRI , J.

MR and W.M.P.(MD)Nos.13858 & 13859 of 2019 20.12.2024