Quashed

M/s. Saravana Selvarathinam Retail Pvt. Ltd., v. The Commissioner

Madras HC13 Jun 2023WP/5843/2023

Case brief

AI extract

What is this about?

The High Court set aside an order levying property tax by the Tambaram Municipality Commissioner. The violation occurred because the authority failed to consider the petitioner's reply filed prior to finalization, as it was submitted by an unauthorized representative, breaching natural justice.

What did the court decide?

The impugned order dated 06.02.2023 is set aside. The matter is remanded for a de novo hearing before a properly authorized representative of the petitioner.

M/s. Saravana Selvarathinam Retail Pvt. Ltd… — Public Procurement and Tenders | Madras HC (2023)

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W.P.No.5843 of 2023

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

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DATED: 13.06.2023

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CORAM :

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THE HONOURABLE DR.JUSTICE ANITA SUMANTH

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W.P.No.5843 of 2023 and W.M.P.No.5835 of 2023

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M/s.Saravana Selvarathinam Retail Pvt Ltd and M/s. Shri Rathna Akshaya Estates Pvt Ltd., Rep. By its Managing Director S.Saravana Arul, Door No.9, Thuraipakkam – Pallavaram Radial Salai, Pallavaram, Chennai – 600 047.

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.. Petitioner

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The Commissioner, Tambaram Municipality, Office of Tambaram Municipality, Zone – 2, Tambaram, Chennai – 600 044.

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.. Respondent

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Petition filed under Article 226 of the Constitution of India praying to issue a writ of certiorari calling for the records pertaining to the

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impugned order passed by the respondent herein in Na.Ka.No.4575/2022/A1 dated 06.02.2023 and quash the same.

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For Petitioner : Mr.E.Karthik Raja For Respondent : Mr.P.Srinivas Standing Counsel

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

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W.P.No.5843 of 2023

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ORDER

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The petitioner, a private limited company, challenges an order passed by the Commissioner Tambaram Municipality levying property tax under the provisions of the Coimbatore City Municipal Corporation Act, 1981.

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The main ground is the violation of principles of natural justice and Mr.P.Srinivas, learned standing counsel, appearing for the respondent today fairly accedes to the position that the reply filed by the petitioner prior to finalization was not taken into account since there was no authorization provided by the person, who attended the hearing. In such circumstances, he would submit that the matter may be remanded to the file of the authority for de novo hearing.

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To be noted that a detailed counter has been filed by the respondent setting forth their objections to various other grounds that have been raised in the writ petition.

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In light of the discussion as above, and solely on the ground of violation of principles of natural justice, the impugned order is set aside. The petitioner will appear before the respondent

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

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W.P.No.5843 of 2023

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on Friday i.e., 23.06.2023 at 10.30 a.m. without expecting any further notice in this regard. The representative shall ensure that he carries authorization from the petitioner and if so he shall be heard, written submission / supporting documents, if any, considered and an order be passed de novo, in accordance with law, within a period of four weeks from date of personal hearing.

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This writ petition stands disposed. No costs. Connected

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miscellaneous petition is closed.

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13.06.2023

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Index:Yes/No Neutral Citation:Yes ssm

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Note to Registry : Issue copy of order on 14.06.2023

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To:

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The Commissioner, Tambaram Municipality, Office of Tambaram Municipality, Zone – 2, Tambaram, Chennai – 600 044.

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

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3/4

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W.P.No.5843 of 2023

DR. ANITA SUMANTH,J.

ssm

W.P.No.5843 of 2023

13.06.2023

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

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M/s. Saravana Selvarathinam Retail Pvt. Ltd., v. The Commissioner

Case brief

What is this about?

What did the court decide?

M/s. Saravana Selvarathinam Retail Pvt. Ltd., v. The Commissioner

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

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