IN THE HIGH COURT OF JUDICATURE AT MADRAS
D. Bharatha Chakravarthy, J
P. Santhosh – Appellant
Versus
Commissioner, Dindigul Corporation – Respondent
W.M.P(MD)No.10331 of 2026
| Table of Content |
|---|
| 1. procedural compliance and the requirement of providing notice in property tax assessments. (Para 1 , 2 , 3 , 4) |
| 2. remand of assessment process to ensure adherence to principles of natural justice. (Para 5 , 6 , 7) |
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Dated: 30.04.2026 CORAM THE HONOURABLE MR JUSTICE D.BHARATHA CHAKRAVARTHY and W.M.P(MD)No.10331 of 2026 P.Santhosh ... Petitioner Vs.
The Commissioner, Dindigul Corporation, Dindigul. ...Respondent Prayer: Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Certiorari, calling for the records of the respondent herein in his impugned notice dated 07.03.2026 in respect of the petitioners assessment No. 078/006/ 900222 and quash the same and to pass such further or other orders as this Honble Court may deems fit and proper in the circumstances of the case and thus render justice.
For Petitioner : Mr.K.Hemakarthikeyan For Respondent : Mr.J.Lawrence Standing Counsel ORDER The writ petition is filed challenging the impugned notice dated
07.03.2026. The same is a demand notice in respect of the petitioner's property bearing Assessment No.078/006/900222.
2. Heard M/s.K.Hemakarthikeyan, learned counsel appearing for the petitioner and Mr.J.Lawrance, learned Standing Counsel, who takes notice on behalf of the respondent.
3. Upon hearing the learned counsel appearing for the petitioner and perusing the material records of the case, the grievance of the petitioner is that they were not given an opportunity, although the assessment was carried out in accordance with Section 86 of the Tamil Nadu Urban Local Bodies Act.
4. Per contra, learned Standing Counsel appearing on behalf of the respondent Corporation submitted that the demand was issued uniformly when the assessment proceedings were undertaken.
5. I have considered the rival submissions made by both sides and perused the material records of the case.
6. As rightly argued by the learned counsel for the petitioner, the petitioner is entitled to an opportunity. Accordingly, the impugned notice shall be treated as a provisional assessment.
7. In view thereof, the writ petition is allowed on the following terms:-
i. The impugned notice shall be treated as a provisional assessment. ii. Within a period of two weeks from the date of receipt of a copy of the order, the details and the breakup relating to the assessment shall be furnished to the petitioner.
iii.Within a period of four weeks thereafter, the petitioner shall file any additional reply and produce documents in support of their claim.
iv. If there is any dispute regarding the measurement, an inspection shall also be conducted in the presence of the petitioner and thereafter, the authority shall pass appropriate orders in the manner known to law.
v. No costs. Consequently, connected miscellaneous petition is closed.
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