Allowed

Sri Andhra Kala sravanthi v. The Commissioner

Madras HC5 Jun 2023WP/14757/2023

Case brief

AI extract

What is this about?

This single judge order granted relief for a registered society petitioning under Article 226. The court directed the Commissioner of Greater Chennai Corporation to adjudicate an exemption request received on 28.02.2022, setting a deadline for the hearing and decision.

What did the court decide?

Mandamus issued to Respondent 1 to hear petitioner on 15.06.2023 and pass an order accepting or rejecting the request for exemption by 15.07.2023.

Sri Andhra Kala sravanthi Vs The Commissioner — Writ and Judicial Review | Madras HC (2023)

¶1

W.P.No.14757 of 2023

¶2

IN THE HIGH COURT OF JUDICATURE AT MADRAS

¶3

DATED: 05.06.2023

¶4

CORAM :

¶5

The HONOURABLE DR.JUSTICE ANITA SUMANTH

¶6

W.P.No.14757 of 2023

¶7

Sri Andhra Kala Sravanthi Rep. by its General Secretary, Mr.J.Srinivas, No.170/1, 200 Feet Ring Road, Annai Nagar, Korattur, Chennai - 76.

¶8

.. Petitioner

¶9

¶10

1.The Commissioner, Greater Chennai Corporation, Rippon Building, Chennai - 03.

¶11

2.The Regional Officer, Zone - VII, Greater Chennai Corporation, Ambattur, Chennai - 53.

¶12

3.The Assistant Revenue Officer, Revenue Department, Greater Chennai Corporation, Zone VII (Ambattur) CTH Road, Chennai - 53.

¶13

.. Respondents

¶14

Petition filed under Article 226 of the Constitution of India

¶15

praying to issue a writ of mandamus directing the first respondent

¶16

to consider and dispose of the petitioner society's representation / application dated 28.02.2022 within a time frame stipulated by this Court.

¶17

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

¶18

1/6

¶19

W.P.No.14757 of 2023

¶20

For Petitioner : Mr.S.R.Sankareshwaran For Respondents : Ms.K.Aswini Devi Standing Counsel

¶21

ORDER

¶22

Read this order in conjunction with and in continuation of order dated 02.06.2023. That reads as follows:-

¶23

"The short prayer of the petitioner, a registered society is for a mandamus directing the first respondent / the Commissioner of Greater Chennai Corporation to dispose its representation dated 28.02.2022.

¶24

2. Mr.S.T.Bharath Gowtham, learned counsel, for Ms.Aswini Devi, learned Standing Counsel, who accepts notice for the respondents, tentatively states that, the petitioner's representation as aforesaid has been disposed. He seeks a days time to produce the copy of the order disposing the representation.

¶25

3. List on 05.06.2023 at the end of admission list.

¶26

4. Let a copy of the order disposing the representation, if any, be supplied to learned counsel for the petitioner in advance."

¶27

Today, Ms.Aswini Devi, learned panel counsel for the

¶28

Commissioner / Greater Chennai Corporation, circulates an order passed on 18.03.2022 which she states disposes the representation dated 28.02.2022. This is not correct for the reason that the order dated 18.03.2022 only considers the request of the petitioner for

¶29

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

¶30

2/6

¶31

W.P.No.14757 of 2023

¶32

waiver of property tax payments.

¶33

Representation dated 28.02.2022 seeks exemption in respect of Sri Andhra Kala Sravanthi Association and hence there has been no adjudication on the request for exemption thus far.

¶34

In light of the acquiescence by the panel counsel that representation dated 28.02.2022 has indeed been received by R1, mandamus is issued to R1 to dispose the representation. For this purpose, the petitioner will appear through authorised representative or through official on Thursday i.e., 15.06.2023 without expecting any further notice in this regard. Let petitioner be heard, request for exemption considered in accordance with law and the order passed either accepting or rejecting the request as R1 may deem fit within a period of four weeks from date of personal hearing i.e., on or before 15.07.2023 and duly communicated to the petitioner.

¶35

Writ petition stands disposed with the above directions.

¶36

No costs.

¶37

05.06.2023

¶38

Index:Yes/No Neutral Citation:Yes/No ssm 3/6

¶39

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

¶40

W.P.No.14757 of 2023

¶41

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

¶42

4/6

¶43

W.P.No.14757 of 2023

¶44

¶45

1.The Commissioner, Greater Chennai Corporation, Rippon Building, Chennai - 03.

¶46

2.The Regional Officer, Zone - VII, Greater Chennai Corporation, Ambattur, Chennai - 53.

¶47

3.The Assistant Revenue Officer, Revenue Department, Greater Chennai Corporation, Zone VII (Ambattur) CTH Road, Chennai - 53.

¶48

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

¶49

5/6

¶50

W.P.No.14757 of 2023

DR. ANITA SUMANTH,J.

ssm

W.P.No.14757 of 2023

05.06.2023

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

¶56

6/6

Sri Andhra Kala sravanthi v. The Commissioner

Case brief

What is this about?

What did the court decide?

Sri Andhra Kala sravanthi v. The Commissioner

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

The India cements Ltd., Vs The Commissioner of Income Tax (Tds)

Valarpirai Disabled self Help Group Vs The District Collector

M/s.Annamalaiar Vs The District Collector

P.Chandrasekaran Vs Registrar of Cooperative Societies

Palani Sangeetha Vs The Income Tax officer

Tvl.Nokia India (P) Limited Vs State of Tamil Nadu