The Madras High Court dismissed a writ petition filed by a Town Panchayat seeking recovery of property tax arrears from BSNL as not maintainable, holding that the matter involves factual disputes to be decided elsewhere.
The writ petition was dismissed as not maintainable.
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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 29.11.2018
CORAM:
THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN
W.P.(MD)No.23686 of 2018
Samayachandran
... Petitioner
Vs
Ashok Road, New Delhi-110001.
Thousand Lights West,
Thousand Lights, Chennai- 600 006.
PRAYER: Petition filed under Article 226 of the Constitution of India to issue a Writ of Mandamus directing the respondents to pay the property tax arrears from financial year 1998-99 to 2018-19 to the tune of Rs.4,55,606/-(Rupees Four Lakh Fifty Five Thousand Six Hundred and Six only) to the petitioner Town Panchayat within a time frame.
For Petitioner : Mr.G.Mutharasu
For R1 : Mr.R.Nandakumar Standing Counsel for BSNL
For R2 and R3 : Mr.Shanmugaraja Sethupathi
ORDER
The writ petitioner is a Town Panchayat. According to the writ petitioner, the BSNL is bound to pay property tax. Since, BSNL has committed default, the arrears have accumulated right from the year 1998-1999. To direct the BSNL to remit property tax arrears to the https://hcservices.ecourts.gov.in/hcservices/ petitioner Panchayat, this writ petition has been filed.
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2.I fail to understand as to how this writ petition can be maintainable. The petitioner is a Town Panchayat. It is governed by the provisions of Tamil Nadu District Municipalities Act, 1920. It is for the petitioner Panchayat to invoke the recovery mechanism as set out in the statute. Likewise, BSNL can also defend when such an action is taken that it is not liable to pay property tax. These disputes are to be decided elsewhere. In this case, BSNL has already raised a dispute with regard to its liability to pay property tax. This writ petition has been filed as if the issue is beyond any factual dispute.
3.Therefore, leaving it open to the parties to contest or defend their respective claims, this writ petition is dismissed as not maintainable. It is made clear that this Court has not pronounced anything on the merits of the matter. No costs.
Sd/
Assistant Registrar(CO)
/True Copy/
Sub Assistant Registrar(CS-IV)
To 1.The Secretary, The Union of India, Department of Telecommunications, Ministry of Communications, Sanchar Bhavan, 20, Ashok Road, New Delhi-110001.
pnn SS/RSK/SAR 4/20.12.2018/2P/7C
W.P.(MD)No.23686 of 2018 29.11.2018
1 issue framed by the court
Whether a writ petition filed to direct government employees to pay property tax arrears is maintainable when there is an existing dispute regarding liability to pay tax.
1 provisions across 1 enactments
Samayachandran
The Union of India
The Chief General Manager, Bharat Sanchar Nigam Limited
The General Manager, Bharat Sanchar Nigam Limited
G.R. Swaminathan
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
