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Madras High CourtWP(MD)/4451/2015dismissed

S.Sasikumar, S/O.M.Sakkarai, v. The Commissioner

2020-10-01Honourable Mr Justice G.R.Swaminathan2 pages

W.P.(MD)No.4451 of 2015 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 01.10.2020

CORAM

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN W.P.(MD)No.4451 of 2015 and M.P.(MD)Nos.2, 3 and 4 of 2015 S.Sasikumar S/o.M.Sakkarai, Proprietor of Planet Chicken Restaurant, Plot No.15, Krishna Nagar 1st Street, T.P.M.Nagar, Theni Road, Virattipathu, Kochadai Village, Madurai South Taluk, Madurai District.

... Petitioner Vs.

1.The Commissioner, Madurai Corporation, Arignar Anna Maligai, Madurai.

2.C.Manimala ... Respondents 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 impugned notices of the first respondent dated 18.08.2014 and 28.11.2014 and quash the same as illegal.

For Petitioner : Mr.M.Kannan For R1 : Mr.T.S.Mohammed Mohideen

O R D E R

Heard the learned counsel for the petitioner and the first respondent.

2.What is under challenge in this writ petition is the demand for payment of a property tax on the property in question. But, when the matter was taken up for disposal, the learned counsel for the petitioner submitted that the petitioner is not the owner of the https://hcservices.ecourts.gov.in/hcservices/ 1/2

W.P.(MD)No.4451 of 2015 property and that he is a mere tenant. If that be so, this writ petition has to be dismissed as not maintainable. The petitioner as a tenant cannot question the assessment of the property tax. It is for the owner of the property to question. Therefore, this writ petition is dismissed for not maintainable. No costs. Consequently, connected miscellaneous petitions are closed. Sd/- Assistant Registrar (CS-I) // True Copy // / /2020 Sub Assistant Registrar(CS) Note: In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for 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 The Commissioner, Madurai Corporation, Arignar Anna Maligai, Madurai.

+1 CC to M/s.T.S. MOHAMED MOHIDHEEN, Advocate ( SR-18931[F] dated 05/10/2020 ) W.P.(MD)No.4451 of 2015 and M.P.(MD)Nos.2, 3 and 4 of 2015 01.10.2020 skm SDS (03.11.2020) 2P-3C https://hcservices.ecourts.gov.in/hcservices/ 2/2