Madras High Court
K.Manisekar vs The Commissioner on 15 July, 2021
W.A.(MD)No.1397 of 2021
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 15.07.2021
CORAM
THE HONOURABLE MR.JUSTICE T.S.SIVAGNANAM
AND
THE HONOURABLE MRS.JUSTICE S.ANANTHI
W.A.(MD)No.1397 of 2021
and
C.M.P(MD) No.5798 of 2021
K.Manisekar ... Appellant/Petitioner
Vs.
1. The Commissioner,
Madurai City Municipal Corporation,
Arignar Anna Maligai, Tallakulam,
Madurai - 2.
2. The Assistant Commissioner (Revenue),
Madurai City Municipal Corporation,
Arignar Anna Maligai, Tallakulam,
Madurai - 2.
... Respondents/Respondents
Prayer: Writ Appeal filed under Clause 15 of Letters Patent, against the order of
this Court made in W.P.(MD) No.10687 of 2021, dated 01.07.2021.
For Appellant : Mr.K.K.Senthil
For Respondents : Mr.R.Murali
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W.A.(MD)No.1397 of 2021
JUDGMENT
[Judgment of the Court was delivered by T.S.SIVAGNANAM,J.]
We have heard Mr.K.K.Senthil, learned counsel appearing for the
appellant and Mr.R.Murali, learned counsel appearing for the respondents.
2. This appeal filed by the writ petitioner is directed against the
interim order passed by the learned Writ Court in W.P(MD).No.10687 of 2021,
dated 01.07.2021. The appellant had challenged the proceedings of the second
respondent dated 18.05.2021, by which, a demand was made for payment of the
license fee. The appellant sought for waiver of the said amount on the ground
that he was unable to collect fees from the buses as the bus stand was closed. As
a result of which, he had suffered financial loss and the consequential relief
sought for in the writ petition is to refund or adjust a sum of Rs.37,91,019/- in
future, which was paid by the appellant as a license fee for a period from
01.04.2020 to 30.06.2021.
3. The learned Single Bench on hearing the learned counsel appeared
for the appellant as well as counsel for the respondent-Madurai Corporation,
exercised discretion and as an interim measure, directed the appellant to pay a
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W.A.(MD)No.1397 of 2021
sum of Rs.6,85,748/- (Rupees Six Lakhs Eighty Five Thousand Seven Hundred
and Forty Eight only) to the respondent-Madurai Corporation on or before
15.07.2021. The time limit expires today. The appellant is before us stating that
the condition is onerous.
4. In our view, an interim order has been granted exercising discretion
by the learned Writ Court. We find, no error in exercise of discretion warranting
interference. If the appellant had some difficulty in complying with the
condition within time prescribed, nothing prevented the appellant to approach
the learned Writ Court for extension.
5. Thus, on the grounds raised before us, we are not inclined to
interfere with the order passed by the learned Single Bench. Accordingly, the
writ appeal fails and dismissed. No costs. Consequently, connected
miscellaneous petition is closed.
Index :Yes/No (T.S.S.,J.) (S.A.I.,J.)
Internet :Yes/No 15.07.2021
pkn
https://www.mhc.tn.gov.in/judis/
W.A.(MD)No.1397 of 2021
T.S.SIVAGNANAM, J.
and
S.ANANTHI, J.
pkn
Note: In view of the present lock down owing to
COVID-19 pandemic, a web copy of the order may be
utilized for official purposes, but, ensuring that the copy
of the order that is presented is the correct copy, shall
be the responsibility of the advocate/litigant concerned.
To:
1. The Commissioner,
Madurai City Municipal Corporation,
Arignar Anna Maligai, Tallakulam,
Madurai - 2.
2. The Assistant Commissioner (Revenue),
Madurai City Municipal Corporation,
Arignar Anna Maligai, Tallakulam,
Madurai - 2.
W.A.(MD)No.1397 of 2021
15.07.2021
https://www.mhc.tn.gov.in/judis/
