Allowed

The Bharat Sanchar Nigam Ltd, v. the Secretary to Government

Madras HC16 Jul 2019WP/12367/2011

Case brief

AI extract

What is this about?

Petitioner challenged property tax demands for assessment years 2000-2001 to 2010-2011. Court allowed the writ petition, setting aside the demand prior to 19.04.2011 based on a Division Bench order vesting properties with the Petitioner from that date, subject to any future appeal.

What did the court decide?

Writ petition allowed; impugned order dated 14.12.2010 and tax demands prior to 19.04.2011 set aside.

The Bharat Sanchar Nigam Ltd, Vs the Secretary to Government — Property and Title | Madras HC (2019)

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

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DATED :16.07.2019

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CORAM

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THE HON'BLE MR.JUSTICE M.S.RAMESH

W.P.No.12367 of 2011

and

M.P.No.1 of 2011

The Bharat Sanchar Nigam Limited Coimbatore,

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Rep.by its Assistant General Manager, Office of the Principal General Manager, Bharat Sanchar Nigam Limited, No.2, Bharathi Park, Second Street, Coimbatore - 43.

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...Petitioner
Vs.
1.The Secretary to Government,
Municipal Administration and
Water Supply Department,
Secretariat, Chennai.
2.The Commissioner,
Pollachi Municipality,
Pollachi,
Coimbatore District. ...Respondents

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Prayer: Petition filed Under Article 226 of the Constitution of India praying to issue a Writ of Certiorari calling for the records of the second respondent in Na.Ka.No.1733/2003/A1 dated 20.01.2011 and quash the same.

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For Petitioner : Mr.K.R.Ramesh Kumar For Respondents : Mr.A.Zakir Hussain, Government Advocate for R1 Mr.G.Shankaran for R2

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https://hcservices.ecourts.gov.in/hcservices/

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O R D E R

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The demand of property tax for the assessment years 2000 - 2001 to 2010 - 2011, is under challenge in the present writ petition.

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It is brought to the notice of this Court that, by an order of the Division Bench of this Court dated 21.12.2018, passed in Writ Appeal (MD) Nos.328 to 335 of 2018, as well as in the Review Application (MD) Nos.77 to 84 of 2018, the properties of the Bharat Sanchar Nigam Limited, came to be vested with effect from 19.04.2011 and as such the demand of property tax prior to 19.04.2011 cannot be sustained, since the same is exempted.

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In view of the same, the present demand of property tax for the period prior to 19.04.2011, requires to be set aside. Accordingly, the writ petition stands allowed and the impugned order dated 14.12.2010, is set aside. However, this order shall be subject to any order passed in Appeal as against the earlier order of the Division Bench dated 21.12.2018.

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Writ petition stands allowed. No Costs. Consequently, connected miscellaneous petition is closed.

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Sd/Assistant Registrar(J) //True Copy// Sub Assistant Registrar Pns

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To 1.The Secretary to Government, Municipal Administration and Water Supply Department, Secretariat, Chennai.

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https://hcservices.ecourts.gov.in/hcservices/

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2.The Commissioner, Pollachi Municipality, Pollachi, Coimbatore District.

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+1cc to Mr.K.R.Ramesh Kumar, Advocate Sr.60799

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+1cc to the Government Pleader Sr.60687

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W.P.No.12367 of 2011
srg 30/08/2019

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https://hcservices.ecourts.gov.in/hcservices/

The Bharat Sanchar Nigam Ltd, v. the Secretary to Government

Case brief

What is this about?

What did the court decide?

The Bharat Sanchar Nigam Ltd, v. the Secretary to Government

Case brief

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What did the court decide?

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