Madras High CourtWP(MD)/21373/2022disposed of

Raj Prasanna. M v. The Commissioner

2022-09-08Honourable Mr Justice Mohammed Shaffiq4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 08.09.2022

CORAM

THE HONOURABLE MR.JUSTICE MOHAMMED SHAFFIQ and W.M.P(MD)No.15541 of 2022 Dr.M.Raj Prasanna ... Petitioner Vs.

1.The Commissioner, Dindigul Corporation, Dindigul District.

2.P.Kannaiya Naidu

...Respondents

Prayer : Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Certiorari, calling for the records pertaining to the impugned order passed by the first respondent in Na.Ka.No. 1027/2022/A2, dated 21.07.2022 and quash the same. For Petitioner : Mrs.J.Anandhavalli.

For R2 : Mr.M.Thirunavukkarasu

ORDER

This writ petition has been filed challenging the impugned order passed by the first respondent in Na.Ka.No.1027/2022/A2, dated 21.07.2022, on the 1/4

limited ground that the objections filed by the petitioner has not been dealt with in the impugned order except a mere reference to the same. There is no whisper whatsoever, about the objections that have been filed.

2. It is submitted by the learned counsel for the petitioner that the impugned order has been made on a gross non-application of mind to the objections filed by the petitioner and thereby, the order is bad for failure to comply with the principles of natural justice.

3. It is submitted by Mr.Thirunavukkarasu, learned counsel for the second respondent that they will re-do the assessment taking into account the objections filed by the Petitioner, after granting reasonable opportunity to the petitioner.

4. In view of the same, the impugned order passed by the first respondent, dated 21.07.2022 is set aside. It is open to the respondents to re-do the assessment after granting reasonable opportunity to the petitioner and after considering and taking into account any objections or other materials that may be furnished by the petitioner. The above exercise shall be carried out by the respondents within a period of eight weeks from the date of receipt of copy of this order.

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5. The writ petition stands disposed of on the above terms. No costs. Consequently, connected miscellaneous petition is closed. 08.09.2022 Index : Yes / No Internet : Yes/ No sn To The Commissioner, Dindigul Corporation, Dindigul District.

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MOHAMMED SHAFFIQ, J.

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