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Madras High CourtWP(MD)/36010/2025disposed of

S Jeyakumar v. The Director

2025-12-17Honourable Mr Justice Krishnan Ramasamy5 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED :17.12.2025

CORAM:

THE HONOURABLE MR.JUSTICE KRISHNAN RAMASAMY and W.M.P.(MD) Nos.28611 & 28613 of 2025 S.Jeyakumar ... Petitioner Vs

1. The Director, Directorate of Municipal Administration, MRC Nagar, Santhome Road, Raja Annamalaipuram, Chennai-600 028.

2. The Commissioner, Madurai City Municipal Corporation, Arignar Anna Maligai, Tallakulam, Madurai-625002.

3. The Assistant Commissioner, Madurai Corporation, Zone No.2, Race Course Road, Madurai-625002.

... Respondents 1/5

PRAYER: Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Certiorari to call for the records of the impugned property tax/Service Charge Demand Notice dated 25.08.2025 issued by second respondent and quash the same as illegal.

For Petitioner : Mr. N. Murugesan For Respondents : Mr.S.Shanmugavel Additional Government Pleader for R1 Mrs.S.Devasena for R2 & R3

O R D E R

A challenge was made against the impugned property tax/Service Charge Demand Notice dated 25.08.2025 issued by the second respondent.

2. The learned counsel for the petitioner would submit that in the present case, the petitioner has paid all the tax as demanded by the respondent department for 2024-25 (first half). In these circumstances, he submits that without providing any opportunity to the petitioner to submit a reply, they issued a demand notice for additional tax. Therefore, he submits that there is a violation of principles of natural justice. 2/5

3. The learned Standing Counsel for the respondents 2 and 3 would submit that as per the order of this Court, the property was measured and as per the measurement of the property, they have demanded the tax.

4. I have considered the submissions made on both sides and perused the available materials on record.

5. The claim of the petitioner is that without knowledge of the petitioner, the property was measured and thereafter, they have issued notice with regard to that extent. Therefore, this Court feels that the respondents cannot issue the demand notice stating that they have measured the property as per the High Court order, even without knowledge of the petitioner. Hence, this Court is of the view that there is a violation of principles of natural justice. Therefore, the impugned order is liable to be set aside. Accordingly, the impugned order is set aside. Therefore, the respondents are directed to remeasure the property in the presence of the petitioner and thereafter issue notice in accordance with law.

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6. With these directions, this Writ Petition is disposed of. No costs. Consequently, connected miscellaneous petitions are closed. NCS : Yes/No 17.12.2025 Index : Yes / No Internet : Yes / No apd To

1. The Director, Directorate of Municipal Administration, MRC Nagar, Santhome Road, Raja Annamalaipuram, Chennai-600 028.

2. The Commissioner, Madurai City Municipal Corporation, Arignar Anna Maligai, Tallakulam, Madurai-625002.

3. The Assistant Commissioner, Madurai Corporation, Zone No.2, Race Course Road, Madurai-625002.

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KRISHNAN RAMASAMY .,J.

apd ORDER MADE IN 17.12.2025 5/5