J.Kanagalakshmi v. Madurai Corporation

1 W.P.(MD)NO.3215 OF 2015 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 09.09.2020

CORAM

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN W.P.(MD)No.3215 of 2015 and M.P.(MD)Nos.1 and 2 of 2015 J.Kanagalakshmi ... Petitioner Vs.

1. Madurai Corporation, Through its Executive Authority, The Commissioner, Thallakulam, Madurai.

2. The Assistant Commissioner/ Deputy Collector, Region-I, Madurai Corporation, Thallakulam, Madurai.

... Respondents Prayer:

Writ petition filed under Article 226 of the Constitution of India, to issue a Writ of Certiorarified Mandamus, calling for the records relating to the impugned order of the second respondent dated 23.07.2013 demanding Rs.10,348/- per half year for the petitioner's house bearing Assessment No.47845 and quash the same until an express assessment to the petitioner's property is made in accordance with law and refund the excess tax collected from the petitioner.

For Petitioner : Mr.R.Janakiramalu For Respondents : Mr.K.Govindarajan, Standing Counsel.

* * *

O R D E R

Heard the learned counsel appearing for the petitioner and the learned Standing counsel appearing for the respondents.

2. The petitioner's property has been assessed by treating it as falling within 'D' Zone. According to the petitioner, the petitioner's property will fall within 'B' Zone. It is further contended that vacant land to the extent of 400 sq.ft. has been erroneously included while computing the tax. https://hcservices.ecourts.gov.in/hcservices/ 1/4

2 W.P.(MD)NO.3215 OF 2015

3. Since these aspects raised by the petitioner have not been dealt with, I am constrained to interfere with the impugned order. The order impugned in this writ petition stands quashed. This writ petition stands allowed. The matter is remitted to the file of the respondents to pass orders afresh in accordance with law. If the petitioner is aggrieved by the order that may be passed by the respondents Corporation, she will only go before the statutory Tribunal and not once again invoke writ jurisdiction of this Court. No costs. Consequently, connected miscellaneous petitions are closed.

Sd/- Assistant Registrar (CS-III) // True Copy // / /2020 Sub Assistant Registrar(CS) pmu To:

1. The Commissioner, Madurai Corporation, Executive Authority, Thallakulam, Madurai.

2. The Assistant Commissioner/ Deputy Collector, Region-I, Madurai Corporation, Thallakulam, Madurai.

+1 CC to Mr.R.JANAKIRAMULU, Advocate SR-16572. W.P.(MD)No.3215 of 2015 09.09.2020 CS(16.09.2020) 2P 4C https://hcservices.ecourts.gov.in/hcservices/ 2/4