Petitioner challenged an order cancelling her property tax assessment via a writ petition. The court dismissed the petition, holding that the property had been vacated and recovered for public use, leaving no infirmity in the cancellation.
The writ petition was dismissed with no costs.
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
Janaki
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 01.02.2017 CORAM:
THE HONOURABLE MR.JUSTICE R.SURESH KUMAR W.P.(MD)No.14803 of 2013 and M.P.(MD) No.1 of 2013
... Petitioner
Vs.
The Commissioner Ambasamudram Municipality Ambasamuddram Tirunelveli District
... Respondent
PRAYER : Writ Petition is filed under Article 226 of the Constitution of India to issue a Writ of Certiorari, calling for the records of the impugned order passed by the respondent in Na.Ka.No.858/2013/A5 dated 10.06.2013 and to quash the same.
For Petitioner :Mr.S.Deenadayalan
For Respondents :Mr.Ayiram K.Selvakumar
Government Advocate
ORDER
The prayer in the writ petition is for a writ of Certioarari to call for the records of the impugned order passed by the respondent in Na.Ka.No.858/2013/A5 dated 10.06.2013 and to quash the same.
“I submit that the property situate at 27A Ammaiyappar Sannathi Street, Ambasamudram, Tirunelveli District, originally belongs to the respondent herein. On the basis of the oral agreement, I am in permissive occupation of the abovementioned property. Further, on the basis of the above permission, I have constructed a shed and running a small shop in it for the past 35 years and the necessary taxes and EB also exists. Adjacent to this property, I am running a Hotel in Door No.27, which is in the southern side of the abovementioned property. To accommodate additional space for this hotel, the abovementioned property is occupied by me as an occupation on the prior permission of the respondent.”
2
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Sd/-
Assistant Registrar(CS-II)
/TRUE COPY/
Sub Assistant Registrar
To
The Commissioner Ambasamudram Municipality Ambasamuddram Tirunelveli District
+1 cc to MR.S.Deenadayalan ADVOCATE, SR NO:5838 rr
sva/pn/24.02.2017/2p/3c https://hcservices.ecourts.gov.in/hcservices/
W.P.(MD)No.14803 of 2013 and M.P.(MD) No.1 of 2013 01.02.2017
1 issue framed by the court
Whether the cancellation of property tax assessment against the petitioner is infirm in view of the eviction of the property for public usage.
1 provisions across 1 enactments
Janaki
The Commissioner Ambasamudram Municipality
R.Suresh Kumar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
