Madras High CourtWP(MD)/19421/2021disposed of

Narayanan.V.D v. The Commissioner

2021-11-08Honourable Mr Justice C.V. Karthikeyan2 pages

W.P.(MD) No.19421 of 2021 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 08.11.2021

CORAM:

THE HONOURABLE MR.JUSTICE C.V.KARTHIKEYAN W.P.(MD) No.19421 of 2021 and WMP(MD) No.16147 of 2021 V.D. Narayanan ... Petitioner vs.

1.The Commissioner Rajapalayam Municipality Rajapalayam, Virudhunagar District 2.The Town Surveyor Rajapalayam Town Rajapalayam Virudhunagar District

3. M.K. Velayutharaja ... Respondent PRAYER: Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Certiorari to call for the records of the 1st respondent impugned notice in Na.Ka. No.3323/2021/A2 dated 20.09.2021 and quash the same as illegal.

For Petitioner : Mr.D.Ramesh Kumar For R1 and R2 : Mr.N. Dilip Kumar

O R D E R

Civil Suit in O.S. NO.118 of 2021 is pending between the petitioner and the third respondent before the District Munsif Court, Rajapalayam. The petitioner has filed the suit seeking declaration and permanent injunction. The third respondent has given representation to the first respondent/Commissioner, Rajapalayam Municipality and an order has been passed by the first respondent with respect to the taxes payable for the property in question. This has given rise to the petitioner to file the present writ petition, questioning the order of the first respondent.

2. Since the suit is pending between the parties the parties are relegated back to the Civil Court to raise all their grievances in the property in the civil litigation before the District Munsif Court, Rajapalayam The petitioner may be granted necessary opportunity to file necessary application complaining the act of the defendant. The District Munsif Rajapalyam shall bestow his/her attention if any application is filed. https://hcservices.ecourts.gov.in/hcservices/ 1/2

W.P.(MD) No.19421 of 2021

3. With the above direction, this writ petition stands disposed of. No costs. Consequently connected miscellaneous petition is also closed.

Sd/- Assistant Registrar (CS-I) // True Copy // / /2021 Sub Assistant Registrar(CS) aav To 1.The District Munsif, Rajapalyam, Virudhunagar District.

2.The Commissioner Rajapalayam Municipality Rajapalayam, Virudhunagar District 3.The Town Surveyor Rajapalayam Town Rajapalayam Virudhunagar District.

+1 CC to M/s.N.DILIPKUMAR, Advocate (SR-33706[F] dated 08/11/2021) W.P.(MD) No.19421 of 2021 08.11.2021 DJ(CO) GC/JGB(18.11.2021) 2P 5C https://hcservices.ecourts.gov.in/hcservices/ 2/2