Sri Solai Murugal Nursery And Primary School v. The Commissioner

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 04.12.2023

CORAM

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN and W.M.P.(MD)Nos.24157 and 24158 of 2023 Sri Solai Murugal Nursery and Primary School, Rep. by its Correspondent, Sri.S.R.Ramesh Babu, No.238/ New 206, Kamarajar Salai, Madurai - 625 009.

... Petitioner Vs.

1.The Commissioner, Madurai City Municipal Corporation Anna Maligai Alagar Kovil Road, Madurai - 625 002.

2.The Assistant Commissioner, Zone 4 South Madurai City Municipal Corporation, Anna Maligai, Alagar Kovil Road, Madurai - 625 002.

3.Health Officer, Madurai City Municipal Corporation, Anna Maligai Alagar Kovil Road, Madurai - 625 002.

... Respondents 1/4

Prayer : Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Certiorarified Mandamus, for quashing the letter M4E1/002687/2022 dated 23.06.2022 directing the Respondents to immediately issue the Sanitary certificate to the petitioner's Sri Solai Murugal Nursery and Primary School 238, Kamarajar Salai, Madurai - 625009.

For Petitioner : Mr.R.A.Mohanram For Respondents : Mr.K.Manisekaran, Standing Counsel for R1 & R2.

ORDER

Heard both sides.

2.The petitioner is a primary school. They have to obtain renewal of their recognition from the education department. To do so, they require sanitary certificate from the respondent corporation. They applied to the respondent corporation. But the respondents declined to issue the same on the ground that the petitioner is yet to clear the property tax arrears.

3.The stand of the petitioner is that challenging the levy of property tax arrears, the petitioner filed a suit and the same is still pending.

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4.Since the petitioner has invoked the equitable remedy of this Court, the petitioner is directed to pay a sum of Rs.75,000/- to the corporation without prejudice to their contention in the suit. If the petitioner succeeds in the suit, this amount can be adjusted towards the future dues of the petitioner. Issuance of sanitary certificate need not be withheld for this reason. After the petitioner remits the amount mentioned above which again will be without prejudice to their contentions, the respondents are directed to issue sanitary certificate as sought for by the petitioner.

5.This writ petition is allowed on these terms. No costs. Consequently, connected miscellaneous petitions are closed. 04.12.2023 NCC : Yes/No Index : Yes / No Internet : Yes/ No ias Issue order copy on 05.12.2023.

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G.R.SWAMINATHAN, J.

ias 04.12.2023 4/4