Velammal Education Trust, v. The State Of Tamilnadu

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 29.06.2021

CORAM:

THE HONOURABLE MR.JUSTICE T.S.SIVAGNANAM AND THE HONOURABLE MRS.JUSTICE S.ANANTHI and C.M.P.[MD]Nos.1696 to 1701 of 2018 Velammal Educational Trust, Represented by its Chairman, M.V.Muthuramalingam, Velammal Village, Tuticorin Ring Road, (Near Chinthamani Tollgate), Chinthamani Main Road, Anuppanadi, Madurai - 625 009.

: Appellant in all Writ Appeals Vs.

1.The State of Tamil Nadu, Rep. by its Secretary, Municipal Administration & Water Supply Department, Secretary, Chennai - 600 009.

2.The Chairman and Managing Director, Tamil Nadu Water Supply and Drainage Board, Chepauk, Chennai - 600 005.

3.The District Collector, Office of the District Collector, Collectorate, Madurai District.

4.The Commissioner, Madurai Corporation, Madurai - 625 002.

: Respondents in all Writ Appeals COMMON PRAYER: Writ Appeals filed under Clause 15 of the Letters Patent, to set aside the common order dated 22.11.2017 made in W.P. [MD]No.14508, 14509 and 14510 of 2016 respectively, on the file of this Hon'ble Court and allow these Writ Appeal. Prayer in WP(MD). 14508/ 2016 :

Writ Petition is filed under Article 226 of the Constitution of India, praying this Court To issue a Writ of Certiorarified Mandamus calling for records relating to the impugned order passed by the 4th Respondent dated 01.08.2016 and quash the 1/3

same as illegal and consequently forbear the 4th Respondent from demanding or collecting any property tax for the Medical College and Hospital building situated in Survey Numbers: 80/1 at Chinna Anuppanadi, Madurai District.

Prayer in WP(MD). 14509/ 2016 :

Writ Petition is filed under Article 226 of the Constitution of India, praying this Court To issue a Writ of Certiorarified Mandamus calling for records relating to the impugned order passed by the 4th respondent dated 01.08.2016 and quash the same as illegal and consequently forbear the 4th respondent from demanding or collecting any property tax for the medical college and Hospital building situated in Survey Numbers 52/3 at Chinna Anuppanadi, Madurai District.

Prayer in WP(MD). 14510/ 2016 :

Writ Petition is filed under Article 226 of the Constitution of India, praying this Court To issue a Writ of Certiorarified Mandamus calling for records relating to the impugned order passed by the 4th Respondent dated 01.08.2016 and quash the same as illegal and consequently forbear the 4th Respondent from demanding or collecting any property tax for the Medical College and Hospital building situated in Survey Numbers: 73/2 at Chinna Anuppanadi, Madurai District.

For Appellant : Mr.Niranjan S.Kumar For Respondents 1 to 3 : Mr.A.K.Manickam Standing Counsel for Government For Respondent No.4 : Mr.R.Murali [In all cases] COMMON JUDGMENT [Common Judgment of the Court was delivered by T.S.SIVAGNANAM, J.] Learned Counsel appearing for the appellant submitted that he appeals have become infructuous, since the property tax payable by the appellants is being regularly paid. To the said effect, the petitioner has sent a soft copy of the letter dated 02.07.2021. 2.Mr.R.Murali, learned Counsel appearing for the respondent Corporation submitted that there are totally seven assessments, out of which, in respect of two assessments only arrears of property tax has been paid, whereas in respect of five assessments, there is arrears.

3.If that is so, it is always open to the respondent Corporation to take appropriate action for recovery of the arrears of property tax. In any event, we record the submission of the 2/3

appellant and dismiss the Writ Appeals having become infructuous, leaving it open to the respondent Corporation to proceed for recovery, if there is any arrears.

4.Accordingly, these Writ Appeals stand dismissed as infructuous. However, there shall be no order as to costs. Consequently, connected miscellaneous petitions are closed. Sd/- Assistant Registrar (CSIII) // True Copy // / /2021 Sub Assistant Registrar(CS) MR Note: In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilizedfor 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. To 1.The Secretary, State of Tamil Nadu, Municipal Administration & Water Supply Department, Secretary, Chennai - 600 009.

2.The Chairman and Managing Director, Tamil Nadu Water Supply and Drainage Board, Chepauk, Chennai - 600 005.

3.The District Collector, Office of the District Collector, Collectorate, Madurai District.

4.The Commissioner, Madurai Corporation, Madurai - 625 002.

+1 CC to M/s.SPL GP ( SR-20768[F] dated 30/06/2021 ) 29.06.2021 KMK(CO) KB(16.07.2021) 3P 6C 3/3