Madras High CourtWP(MD)/30037/2024disposed of

R Ponvendhan v. Thoothukudi City Municipal Corporation

2024-12-12Honourable Mr Justice K.Kumaresh Babu4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 12.12.2024

CORAM:

THE HONOURABLE MR.JUSTICE K.KUMARESH BABU and W.M.P.(MD)No.25290 & 25292 of 2024 R.Ponvendhan ... Petitioner Vs.

1. Thoothukudi City Municipal Corporation, Represented by the Commissiioner and Executive Authority, Thoothukudi - 628001.

2. The Assistant Commissioner, West Zone, Thoothukudi City Municipal Corporation, Thoothukudi.

... Respondents PRAYER : Writ Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Certiorari calling for the records relating to the impugned order dated 25.11.2024 in Na.Ka.No.A1/2746/2024 and consequential Demand Notice dated 30.11.2024 with regard to Door No.172A/1, Palayamkottai Road, Melur Tuticorin, Tuticorin District (Assessment No.138/030/901773) issued by the 2nd respondent and quash the same.

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For Petitioner : Mr.B.Rajesh Saravanan For Respondents : Mr.N.Anandakumar

ORDER

Challenge in the writ petition is to the demand notice made by the respondent.

2. By consent of both parties, this Writ Petition is taken up for final disposal at the stage of admission itself.

3. Heard the learned counsel on both sides and carefully perused the entire materials available on record.

4. It is the case of the petitioner that on 25.11.2024, he had received a communication from the second respondent calling upon the petitioner to submit his objections on the proposed property tax on the measurements within a period of two weeks. However, within five days, ie., on 30.11.2024, a demand had been made without waiting for the said period of two weeks.

5. Considering the fact that the petitioner had been given an opportunity to make his objections by communication dated 25.11.2024, the respondents 2/4

had made a demand on 30.11.2024 without waiting for the time period granted by the second respondent, the said impugned demand notice dated 30.11.2024 is set aside and the petitioner shall submit his objections on or before 27.12.2024. Thereafter, the respondents are at liberty to pass appropriate orders in the manner known to law.

6. In the result, the Writ Petition stands disposed of. There shall be no order as to costs. Consequently, connected miscellaneous petitions are closed. 12.12.2024 NCC : Yes / No Index : Yes / No Sm 3/4

K.KUMARESH BABU, J.

Sm Order made in Dated 12.12.2024 4/4