Disposed

M.Gagan Bothra v. The Commissioner

Madras HC5 Oct 2021WP/21552/2021

Case brief

AI extract

What is this about?

Petitioner filed a writ under Article 226 seeking disposal of a representation challenging enhanced property tax. Due to a factual controversy regarding the service of a provisional revision notice, the Court directed the authorities to dispose of the representation on merits within a fortnight and stayed coercive action pending such disposal.

What did the court decide?

Directions to dispose of the representation on merits within 14 days and serve the order within 3 working days; coercive action pending.

M.Gagan Bothra Vs The Commissioner — Property and Title | Madras HC (2021)

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

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DATED : 05.10.2021

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CORAM

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THE HONOURABLE MR.JUSTICE M.SUNDAR

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 W.P.No.21552 of 2021

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(Through Video Conferencing)

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Mr. M.Gagan Bothra

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... Petitioner

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Vs

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1. The Commissioner

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 Revenue Department
 Corporation of Chennai

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 Rippon Building, Chennai-600 003.

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2. The Assistant Revenue Officer Corporation of Chennai

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 Zone -5, Ward No.57,

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 Anna Pillai Street
 Sowcarpet, Chennai.... Respondents

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Prayer: Petition filed under Article 226 of the Constitution of
India to issue a Writ of Mandamus, directing the 1st respondent
by way of a writ of mandamus or any other appropriate writ,
direction or order in the nature of a writ dispose of the
representation dated 16.09.2021 within the time frame fixed by
this Hon'ble Court.

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For Petitioner: Mr.N.Gagan Bothra

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For Respondents: Ms.S.Vaitheeswari
For R1 and R2 Standing Counsel for
 Chennai Corporation.

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ORDER

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The writ petitioner is before this Virtual Court
representing the matter in person i.e., party in person, case
file placed before me brings to light that necessary permission

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

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has been granted to the writ petitioner to appear in person by
the Hon'ble Committee concerned.

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2. Be that as it may, captioned matter pertains to levy,
demand and collection of property tax under Chennai City
Municipal Corporation Act, 1919 ( which was earlier known as
Madras City Municipal Act, 1919) and as per the taxation Rules
therein which form schedule IV of the said Act.

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3.Notwithstanding very many averments and grounds raised
in the writ affidavit, as the prayer in the captioned writ
petition is short and simple, the writ petitioner drew the
attention of this Court to page no. 16 of the typed set of papers
which is a print out of the download from the official website of
the Chennai Corporation.

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4. Adverting to the above download/print out writ
petitioner points out that half-yearly property tax qua said
property has been enhanced from 27,285/- to 72,805/- with effect
from 01.04.2009. Ms.S.Vaitheeswari, learned standing counsel for
Chennai Corporation, accepts notice on behalf of both the
respondents, submits on instructions that a provisional notice
qua revision i.e., aforementioned revision has been sent but only
a soft-copy is available. Learned Standing Counsel submits that
it is necessary to examine the same before asserting the position
as to whether this provisional notice has been served to the writ
petitioner. The Learned Standing Counsel cannot be found fault
with as the matter is in the Admission Board. To be noted writ
petitioner asserts that no provisional petition was ever served
on him, his late father or on his tenant. This submission is
recorded.

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5. As there is a factual controversy, this Court deems it
appropriate to accede to the simple prayer of writ petitioner
i.e., disposal of this representation dated 16.09.2021 which
reads as as follows:

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

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

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

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6. Learned Standing Counsel submits that the above

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representation will be disposed of within a fortnight from today i.e., on or before 20.10.2021. The proceedings/order disposing of writ petitioner's 16.09.2021 representation shall be served on the writ petitioner, under due acknowledgement within three working days from the date of disposal by the second respondent. Though obvious, it is made clear that the representation shall be disposed of on its own merits and in accordance with law, i.e., on the merits of the representation however owing to the factual controversy,considering the peculiar facts and circumstances of this case, any coercive action with regard to enhancement with effect from 01/09/2010 shall be post disposal of the representation and subject to the disposal of the representation, though obvious it is made clear that any arrears pertaining to the period prior to the revision will proceed in accordance with law. Captioned Writ Petition disposed of on above terms. There shall be no order as to costs.

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 Sd/-
 Assistant Registrar

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//True Copy//

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 Sub Assistant Registrar
nst
To

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1. The Commissioner Revenue Department Corporation of Chennai Rippon Building, Chennai-600 003. 2. The Assistant Revenue Officer Corporation of Chennai Zone -5, Ward No.57, Anna Pillai Street Sowcarpet, Chennai. +1cc to M/s.Vaithieswari, Advocate, S.R.No.52855

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W.P.No.21552 of 2021

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GJ(CO)
SB(01/11/2021)

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

M.Gagan Bothra v. The Commissioner

Case brief

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M.Gagan Bothra v. The Commissioner

Case brief

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