The Madurai Bench directed the respondent corporation to measure the petitioners' property in their presence upon deposit of the agreed balance tax amount. The authority must then pass appropriate orders within six weeks.
Direction to measure the property in the presence of the petitioners and pass appropriate orders within six weeks.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
1
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 17.02.2016
CORAM
THE HONOURABLE MR.JUSTICE B.RAJENDRAN
W.P.(MD)No.3309 of 2016 and W.M.P.(MD).Nos.2873 and 2874 of 2016
The Commissioner, Madurai Corporation, Madurai.
... Respondent
Prayer: Petition filed under Article 226 of the Constitution of India praying for the issuance of a Writ of Certiorarified Mandamus to call for the records relating to the respondent in property tax demand notice assessment No.384639 dated 04.12.2015 measuring 44216 sq.ft. instead of 34828 sq.ft. and quash the same and further direct the respondent to assess the property tax for the petitioners' property measuring 348.28 sq.ft. which is actual build up area.
For Petitioners : Mr.T.K.Gopalan for Mr.PT.S.Narendra Vasan For Respondent : Mr.N.Shanmugaselvan
ORDER
The writ petition has been filed for a Writ of Certiorarified Mandamus to call for the records of the respondent relating to the property tax demand notice assessment No.384639 dated 04.12.2015 measuring to 44216 sq.ft. instead of 34828 sq.ft. and quash the same and further direct the respondent to assess the property tax for the petitioners' property measuring 34828 sq.ft. which is the actual build up area.
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prepared to accept and pay the tax.
Sd/-
Assistant Registrar (Crl.side)
/True Copy/
Sub Assistant Registrar
To
The Commissioner, Madurai Corporation, Madurai.
AKV
TE/SK-SKN/: 03/03/2016 : 2P/4C
W.P.(MD)No.3309 of 2016
and W.M.P.(MD).Nos.2873 and 2874 of 2016 17.02.2016
2 issues framed by the court
Whether a writ petition is maintainable to quash the property tax demand notice and direct re-assessment based on actual built-up area.
Whether the tax authority should measure the property in the presence of the petitioner after deposit of the balance tax amount.
P.G.Ayyadurai
P.G.Krishnakumar
The Commissioner, Madurai Corporation, Madurai
B.RAJENDRAN
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
