Sumathi .E.B v. The Commissioner
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 21.12.2021
CORAM
THE HON'BLE MR. JUSTICE M.SUNDAR E.B.Sumathi ... Petitioner Vs.
The Commissioner, Trichy City Corporation, Bharathidasan Salai, Cantonment, Trichy-1, Trichy District.
... Respondent PRAYER: Petition filed under Article 226 of the Constitution of India, for the issuance of a Writ of Mandamus, directing the respondent herein to receive property tax from petitioner for the property situated at Trichy District, Trichy Town, a hotel running under the name and style of "Saraswathi Cafe" complex, Old T.S.No.186/1, Ward No.1, Block No.38, New T.S.No.49(part) 50&51, Ward No.K, Block No.24, Rockins Road, Trichy-1, tax assessment No.086/044/02573, in the light of her representation dated 19.07.2021 within a stipulated period as may be fixed by this Hon'ble Court.
For Petitioner : Mr. R.Sundar For Respondent : Mr.A.Baskaran, Additional Government Pleader on behalf of Mr.R.Baskaran, Standing Counsel.
O R D E R
In the captioned writ petition a property situate in 'Old T.S.No.186/1, Ward No.1, Block No.38, New T.S.No.49(part) 50&51, Ward No.K, Block No.24, Rockins Road, Trichy-1' [hereinafter 'said property' for the sake of convenience and clarity] is the nucleus.
2. The case of the writ petitioner is that said property belongs to one Thotta R.Rajagopal Chettiar, Charity, writ petitioner's ancestors took said property on lease way back in 1972, writ petitioner's husband put up superstructure in said property, writ petitioner's husband some time 1982 had given the said property on lease to another individual who is now running a hotel therein, said property is assessed to property tax on the file of the respondent Corporation viz., Trichy City Corporation vide Tax Assessment No. 086/044/02573 [Old Assessment No.086/44002113] 1/5
3. It is the case of the writ petitioner that the officials of the respondent are suddenly refusing to receive property tax and the writ petitioner verily believes that it may be at the instance of her tenant but I refrain myself from expressing any view or opinion on the same for two reasons. One reason is writ petitioner's counsel, notwithstanding a slightly expansive prayer, in the hearing abridged the prayer and submitted that it will suffice if a simple directive to the lone respondent to dispose of the writ petitioner's representation dated 19.07.2021 is given. The second reason is, tenant who is now in occupation is not before me and as a matter of proprietary I am not expressing any view about a party who is not before me.
4. In the hearing today, Mr.A.Baskaran, learned Additional Government Pleader, who is present in Court submitted that Mr.R.Baskaran (Now Additional Advocate General in this Bench) is the Standing Counsel for Trichy City Corporation and learned Additional Government Pleader accepted notice for the lone respondent on behalf of Mr.R.Baskaran.
5. Owing to the abridged prayer, learned counsel for respondent submits that the representation has to be examined on its own merits. There is no difficulty in accepting this submissions as there can be no two views on this.
6. Before I write the operative portion of this order, I deem it appropriate to extract and reproduce the representation of the writ petitioner i.e., representation dated 19.07.2021 which is at pages 10 and 11 of the typed set of papers and the same is as follows:
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7. I am ignoring 08.12.2021 representation as the writ petition has been filed 17.12.2021.
8. This Court disposes of the captioned main writ petition with a simple directive to the respondent to dispose of the aforementioned representation dated 19.07.2021 on its own merits and in accordance with law as expeditiously as the business of the lone respondent would permit and in any event within one month from today i.e., on or before 21.01.2021. It is open to the lone respondent to call for further particulars from the writ petitioner or any other persons in the course of disposing of the representation. The proceedings disposing of the representation shall be duly served on the writ petitioner and any other person concerned (if any) under 4/5
due acknowledgment within five weeks from the date of such disposal. There shall be no order as to costs. Sd/- Assistant Registrar (CS-I) // True Copy // / /2022 Sub Assistant Registrar(CS) vsm To The Commissioner, Trichy City Corporation, Bharathidasan Salai, Cantonment, Trichy-1, Trichy District.
+1 CC to M/s.R.BASKARAN, Advocate ( SR-40014[F] dated 22/12/2021 ) W.P(MD)No.22672 of 2021 21.12.2021 SK(CO) GC(31.12.2021) 5P 3C 5/5