High Court quashed an assessment notice issued by the Madurai Corporation to Muthulakshmi without prior notice and remitted the matter for fresh orders within eight weeks.
Quash of impugned order; remand to file of first respondent to pass orders afresh after notice within eight weeks.
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W.P.(MD)No.890 of 2020
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Dated : 01.10.2020 CORAM THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN WP(MD)No.890 of 2020 and WMP(MD)No.677 of 2020
Muthulakshmi
... Petitioner
Vs.
1.The Assistant Commissioner,
Zone No.3, Madurai Corporation,
Madurai.
2.Selvaraj ... Respondents
Prayer : Writ Petition is filed under Article 226 of the Constitution of India, praying this Court to issue Writ of Certiorarified Mandamus, to call for the records pertaining to the impugned order dated 16.05.2017 in Ma3A9/1760/17 passed by the first respondent and quash the same as illegal and consequently directing the first respondent to transfer the property tax assessment (Assessment No.307168) name in favour of the petitioner regarding her property situated in Door No.17A/1, Thiraviyalingeswarar Kovil Street, Keerathurai, Madurai.
For Petitioner : Mr.S.A.Ajmalkhan
For Respondents : Mr.K.Govindarajan for R1
ORDER
Heard the learned counsel on either side.
2.The petitioner question the impugned demand notice solely on the ground that she was not put on notice. On this sole ground, the order impugned in this writ petition is quashed. The matter is remitted to the file of the first respondent to pass orders afresh on merits and in accordance with law, after putting the petitioner on notice, within a period of eight weeks from the date of receipt of a copy of this order.
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W.P.(MD)No.890 of 2020
3.This writ petition is allowed. No costs. Consequently, connected miscellaneous petition is closed.
// True Copy //
/ /2020 Sub Assistant Registrar(CS)
skm
Note: In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate/litigant concerned.
To
The Assistant Commissioner,
Zone No.3, Madurai Corporation, Madurai.
+1 CC to M/s.K. GOVINDARAJAN, Advocate ( SR-18905[F] dated 05/10/2020 ) +1 CC to M/s.S.A. AJMAL KHAN, Advocate ( SR-19129[F] dated 06/10/2020 )
WP(MD)No.890 of 2020 and WMP(MD)No.677 of 2020 01.10.2020
vr(CO) KK(02.11.2020) 2P 4C
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Muthulakshmi
The Assistant Commissioner, Zone No.3, Madurai Corporation, Madurai
Selvaraj
G.R. Swaminathan
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
