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Madras High CourtWP(MD)/7573/2016disposed of

Sri Durga Nursery And Primary v. The Commissioner

2016-04-26Honourable Mr Justice B. Rajendran2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 26.04.2016

CORAM

THE HON'BLE MR.JUSTICE B.RAJENDRAN W.P(MD).No.7573 of 2016 and W.M.P.(MD).No.6336 of 2016 **** Sri Durga Nursery and Primary School rep. By its Correspondent, M.Nagalakshmi No.33E, Krishna Street, Durga Nagar, Villapuram, Madurai - 625 012.

...Petitioner

Vs.

The Commissioner, Madurai Corporation, Anna Maaligai, Thallakulam, Madurai - 625 002.

...Respondent

Writ Petition filed under Article 226 of the Constitution of India for the issuance of a Writ of Mandamus to direct the respondent to give exemption to the school building to the petitioner from levying the tax, located at No.33E, Krishna Street, Durga Nagar, Villapuram, Madurai 625 012 as contemplated under Section 125(C) of Madurai Corporation Act and to revoke the tax, which was levied earlier against the said school, by considering the petitioner's representation dated 19.02.2016. For petitioner : Mr.B.Murugan For respondent : Mr.R.Prabhu Ramachandran ********

ORDER

The petitioner seeks for a Mandamus directing the respondent to give exemption to the school building to the petitioner from levying the tax, located at No.33E, Krishna Street, Durga Nagar, Villapuram, Madurai 625 012, as contemplated under Section 125(C) of Madurai Corporation Act and to revoke the tax, which was levied earlier against the said school, by considering his representation dated 19.02.2016.

2. Mr.R.Prabu Ramachandran, learned standing counsel takes notice for the respondent.

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3. By consent, the writ petition itself is taken up for final disposal.

4. The learned counsel appearing on behalf of the petitioner submitted that it would suffice if the representation of the petitioner is disposed of, on merits and in accordance with law, within a time frame to be fixed by this Court.

5. In view of the limited scope of the prayer, without expressing any opinion on the merits of the issue involved, the respondent is directed to pass appropriate orders on the representation of the petitioner dated 19.02.2016 on merits and in accordance with law, after giving notice to the interested parties, if any, as expeditiously as possible.

6. With the above direction, this Writ Petition stands disposed of. No costs. Consequently, connected miscellaneous petition is closed.

Sd/- Assistant Registrar(T&P) /True Copy/ Sub Assistant Registrar(CS) Madurai Bench of Madras High Court, Madurai-23.

To The Commissioner, Madurai Corporation, Anna Maaligai, Thallakulam, Madurai - 625 002.

+1cc to M/s.B.Murugan, Advocate in SR.24111 +1cc to M/s.R.Prabhu, Advocate in SR.23859 W.P(MD).No.7573 of 2016 26.04.2016 skn PBK/GSV-PM/SAR-II 06/06/2016 ::2P-4C::

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