Sithicka Begum, v. The Madurai Corporation

1 W.P.(MD)NO.6138 OF 2016 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 09.09.2020

CORAM

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN W.P.(MD)No.6138 of 2016 and W.M.P.(MD)No.5421 of 2016 Sithicka Begum ... Petitioner Vs.

1. The Madurai Corporation, Rep. by its, The Commissioner, Anna Maligai, Madurai.

2. The Assistant Commissioner, Zone II, Madurai Corporation, Race Course Road, Madurai.

... Respondents Prayer: Writ petition is filed under Article 226 of the Constitution of India, to issue a Writ of Certiorari, calling for the records pertaining to the impugned attachment notice issued by the second respondent dated 16.03.2016 and quash the same. For Petitioner :

Mr.D.Sadiq Raja For Respondent :

Mr.R.Prabhu Ramachandran, (R1) Standing Counsel.

O R D E R

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

2. The petitioner is the resident of Plot No.10, Meenakshi Gardens, Reserve Line, Madurai 625 014. But in her sale deed, the description of the property has been erroneously mentioned. The respondent Corporation has assessed the property as if it is in Visalakshi Nagar. The case of the petitioner is that her property is located in 'C' Zone. The authorities have proceeded on the basis that the property is in 'B' Zone. The petitioner had already given her objections on 15.03.2016. The same has not been considered.

3. Therefore, 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. Normally when remitting the matter, I would put the petitioner on terms. But in this case, the petitioner had already https://hcservices.ecourts.gov.in/hcservices/ 1/2

2 W.P.(MD)NO.6138 OF 2016 paid 50% of the demanded amount. Therefore, there is no need to put the petitioner on terms. The amount already paid by the petitioner will be adjusted in terms of the order now to be passed by the respondent authorities. No costs. Consequently, connected miscellaneous petition is closed.

Sd/- Assistant Registrar (CS-I) // True Copy // / /2020 Sub Assistant Registrar(CS) Pmu To:

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

2. The Assistant Commissioner, Zone II, Madurai Corporation, Race Course Road, Madurai.

+1 CC to M/s.R. PRABU RAMACHANDRAN, Advocate ( SR-16441[F] dated 10/09/2020 ) +1 CC to M/s.D. SADIQ RAJA, Advocate ( SR-16684[F] dated 11/09/2020 ) W.P.(MD)No.6138 of 2016 09.09.2020 AP(17/09/2020) 2 P 5C https://hcservices.ecourts.gov.in/hcservices/ 2/2