Disposed

Kanagambal @ Kanaga.D v. The Commissioner

Madras HC19 Dec 2022WP(MD)/28312/2022

Case brief

AI extract

What is this about?

In this petition under Article 226, the petitioner sought directions for the assessment and payment of property and water taxes. The Respondent committed to scrutinizing the claim. The Court did not decide on the merits but directed the submission of documents and promised a reasoned order thereafter.

What did the court decide?

Petitioner directed to submit documents by December 31, 2022; reasoned order to follow by January 31, 2023.

Kanagambal @ Kanaga.D Vs The Commissioner — Landlord and Tenant | Madras HC (2022)

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W.P. (MD) No. 28312 of 2022

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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

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DATED : 19.12.2022

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C O R A M

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THE HONOURABLE MR.JUSTICE P.D.AUDIKESAVALU

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W.P. (MD) No. 28312 of 2022

Kanagambal @ Kanaga

... Petitioner

Vs.

The Commissioner, Karur City Municipal Corporation, Karur District. ... Respondent

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PRAYER: Writ Petition filed under Article 226 of the constitution of India, to issue a Writ of Mandamus, directing the respondent to consider and pass necessary orders with regard to the assessment and payment of property tax as well as the water tax to be paid in respect of the petitioner's house property situated in No. 136-C, 1^st East Street, Thirumanilaiyur, Karur District, in pursuance to her application being submitted on 20.09.2022, before the respondent, as expeditiously as possible preferably within a time stipulated by this Honble Court.

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For Petitioner : Mr. R.Anand For Respondent : Mr. K.Balasubramani Special Government Pleader

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https://www.mhc.tn.gov.in/judis

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W.P. (MD) No. 28312 of 2022

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ORDER

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Heard Mr. R.Anand, Learned Counsel for the Petitioner and

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Mr. K.Balasubramani, Learned Special Government Pleader for the Respondent, and perused the materials placed on record, apart from the pleadings of the parties.

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The Writ Petition has been filed by the Petitioner seeking for a direction to the Respondent to consider and pass necessary orders for assessment of property tax and water tax to be paid in respect of her house located at Door No. 136-C, 1st East Street, Thirumanilaiyur, Karur District, in furtherance to the application dated 20.09.2022 made by her.

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Learned Counsel for the Respondent on instructions states that by notice Pe.Maa. No. A3/302/2022 dated 02.12.2022 the Petitioner has been required to produce certain documents within seven days and after its receipt the said application made by the petitioner would be scrutinized for taking further action in the matter.

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https://www.mhc.tn.gov.in/judis

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W.P. (MD) No. 28312 of 2022

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Having regard to the aforesaid submissions made, this Court without expressing any view on the correctness or entitlement of the claim made by the Petitioner, passes the following order:-

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(i) the Petitioner shall immediately submit the documents required by the Respondent in notice Pe.Maa. No. A3/302/2022 dated 02.12.2022, if not already submitted, by 31.12.2022 without fail;

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(ii) in the event of not being satisfied with the requirements even thereafter, an enquiry shall be conducted affording full opportunity of personal hearing to the Petitioner to explain her position in that regard; and

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(iii) a reasoned order shall be passed dealing with each of the contentions raised on merits and in accordance with law and the decision taken communicated by 31.01.2023 under written acknowledgment.

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In the result, the Writ Petition is disposed on the aforesaid terms. No

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costs.

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19.12.2022

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Index : Yes/No Internet : Yes/No pkn Note: (i) Issue order copy by 23.12.2022.

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https://www.mhc.tn.gov.in/judis

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W.P. (MD) No. 28312 of 2022

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TO:

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The Commissioner, Karur City Municipal Corporation, Karur District.

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4/5

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https://www.mhc.tn.gov.in/judis

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W.P. (MD) No. 28312 of 2022

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P.D.AUDIKESAVALU,J.

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pkn

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W.P. (MD) No. 28312 of 2022

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19.12.2022

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5/5

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https://www.mhc.tn.gov.in/judis

Kanagambal @ Kanaga.D v. The Commissioner

Case brief

What is this about?

What did the court decide?

Kanagambal @ Kanaga.D v. The Commissioner

Case brief

What is this about?

What did the court decide?

What the court decided

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Parties & counsel

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