Disposed

K.v.Krishnan v. The Commissioner

Madras HC20 Apr 2023WP/12107/2023

Case brief

AI extract

What is this about?

This court disposed of a writ petition challenging a property tax demand notice. Instead of granting a stay or quashing, the High Court fixed a hearing date and ordered the respondent to reconsider the petitioners' representation within four weeks, suspending coercive action until the response date.

What did the court decide?

Pending disposal of representation, no coercive action against the property in question for the specified period.

K.v.Krishnan Vs The Commissioner — Writ and Judicial Review | Madras HC (2023)

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W.P.No.12107 of 2023

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

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Dated: 20.04.2023

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CORAM

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THE HONOURABLE DR. JUSTICE ANITA SUMANTH

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W.P.No.12107 of 2023 and WMP Nos.11949 and 11951 of 2023

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K.V.Krishnan

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K.V.Keerthiga

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... Petitioners

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The Commissioner, Kancheepuram City Municipal Corporation, Nellukara Street, Kanchipuram, Tamil Nadu – 631 501.

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... Respondent

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PRAYER: Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Certiorarified Mandamus directing the respondent to produce all the records pertaining to the property tax demand notice dated 21.01.2023, bearing property tax assessment No.008/003/900310, pertaining to the property of the petitioners viz., No.18, Theradi Street, Big Kancheepuram 631 502, quash the property tax demand notice dated 21.1.2023 and direct the respondent to conduct fresh enquiry by receiving objections from the petitioners for enhancement of property tax, SUC and UGD charges, thereafter pass e-assessment order within a time frame.

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

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W.P.No.12107 of 2023

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For Petitioner : Mr.N.Sivaprakash For Respondent : Mr.R.Gopinath Standing Counsel

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O R D E R

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WMP No.11949 of 2023 filed seeking permission to file a single Writ

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Petition is ordered on payment of separate Court fee.

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Mr.R.Gopinath, learned Standing Counsel accepts notice for the respondent and is armed with necessary instructions to enable a final disposal of this matter, even at the stage of admission.

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The petitioners are residents of Kancheepuram District. They claim to

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be owners of the property at Door No.178/18, Theradi Street, Big Kancheepuram (in short 'property'/'property in question').

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There is a marriage hall running in the property and the subject matter of the present Writ Petition is the property tax assessments in respect of the same. The petitioners were in receipt of notice dated 21.01.2023 from the Kancheepuram City Municipal Corporation, calling upon them to remit property tax for the periods 2018-19 to 2022-2023.

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The petitioners have responded on 27.02.2023 and it is their case

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before me that the enhancement is not sustainable. There was a demand for water and sewerage tax as well, which the petitioners claim to have settled in

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full. The petitioners now request that their representation/reply dated https://www.mhc.tn.gov.in/judis

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W.P.No.12107 of 2023

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27.02.2023 be disposed and till such time no coercive action taken in respect of demand of property tax.

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Mr.Gopinath, has no objection to this Court fixing the time frame within which the reply will be considered and disposed.

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Hence, for this purpose, the petitioners are directed to appear before the respondent on 28.04.2023 at 10.30. a.m. without awaiting any further notice in this regard along with any/all materials in support of their submissions. The respondent, after hearing the petitioners and considering the materials, if any, produced, pass orders on the reply/representation dated 27.02.2023 in accordance with law, within a period of four (4) weeks from date of personal hearing, i.e., on or before 29.05.2023.

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It is made clear that till 29.05.2023 or till the date of disposal of the representation, whichever is earlier, there will be no coercive action initiated in respect of the property in question qua the impugned demand. This is subject to the appearance of the petitioner on the date as stipulated above and extending full co-operation with the proceedings.

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This Writ Petition stands disposed as above. No costs. Connected Miscellaneous Petition is closed.

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sl 20.04.2023 Index : Yes / No Speaking Order Neutral Citation: Yes/No https://www.mhc.tn.gov.in/judis

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W.P.No.12107 of 2023

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Dr.ANITA SUMANTH,J.

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The Commissioner, Kancheepuram City Municipal Corporation, Nellukara Street, Kanchipuram, Tamil Nadu – 631 501.

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W.P.No.12107 of 2023 and WMP Nos.11949 and 11951 of 2023

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20.04.2023

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

K.v.Krishnan v. The Commissioner

Case brief

What is this about?

What did the court decide?

K.v.Krishnan v. The Commissioner

Case brief

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