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Madras High CourtWP(MD)/29801/2025allowed

Joseph v. The Commissioner

2025-10-27Honourable Ms. Justice P.T. Asha4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 27.10.2025

CORAM

THE HONOURABLE Ms.JUSTICE P.T.ASHA Writ Petition(MD)No.29801 of 2025 and W.M.P.(MD).No.23052 of 2025 M.Joseph ..Petitioner Vs 1.The Commissioner, Madurai Municipal Corporation, Madurai District.

2.The Assistant Commissioner, Zone III, Madurai Municipal Corporation, Madurai District.

..Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Certiorarified Mandamus, calling for the records relating to the impugned order of the first respondent dated 07.08.2025 in Assessment No.115/060/901942 and quash the same and consequently, direct the first respondent to consider the petitioner's representation dated 08.08.2025. For Petitioner : Mr.V.Varadharajan For Respondents : Mrs.S.Devasena Standing Counsel 1/4

ORDER

This writ petition has been filed to quash the impugned order passed by the first respondent dated 07.08.2025 in Assessment No.115/060/901942 and consequential direction to the first respondent to consider the petitioner's representation dated 08.08.2025.

2. Mrs.S.Devasena, learned Standing Counsel, takes notice for the respondents. By consent of parties, this writ petition is taken up for final disposal at the admission stage itself.

3.It is the case of the petitioner that no assessment order has been issued by the second respondent, prior to the issue of the impugned demand notice. 4.This fact is admitted by the learned Standing counsel for the respondents. She would also fairly concede that a similar demand notice in respect of the very same property has been set aside by another bench of this Court vide order dated 16.10.2025, in W.P.(MD).No.29032 of 2025. 5.Considering the above, the impugned order passed by the first respondent dated 07.08.2025 in Assessment No.115/060/901942 is hereby 2/4

quashed. The respondent is directed to issue assessment notice to the petitioner and after affording opportunity of hearing to the petitioner, pass orders in accordance with law. Consequently, the connected writ miscellaneous petition is closed.

27.10.2025 NCC : Yes/No Index : Yes/No Internet:Yes vsg To 1.The Commissioner, Madurai Municipal Corporation, Madurai District.

2.The Assistant Commissioner, Zone III, Madurai Municipal Corporation, Madurai District.

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P.T.ASHA , J., vsg Writ Petition(MD)No.29801 of 2025 27.10.2025 4/4