The writ petition is filed praying to issue a Writ of Certiorari, calling for records relating to the impugned order Na.Ka.No.3629/05A3 dated 15.7.2005 of the second respondent and quash the same.
2. The petitioner states that she is a flower vendor. She claims to be the owner of the land measuring 9-1/2 cents at New No.13, Old No.3, Erikarai Street, Gandhi Nagar, East Tambaram, Chennai and is in possession and enjoyment for more than 30 years in the said property. She has put up a small hut for residence. She has identity card issued by the Tamil Nadu Labour Protection and Welfare Department and other documents to show that she is the owner of the property. Petitioner has been making representation to the Commissioner, Tambaram Municipality, the second respondent to issue demand notice for payment of land and building tax. The said representation has not been considered. Petitioner, therefore, submitted a memorandum to the Chief Minister's Grievance Cell on 15.3.2005 which was forwarded to the Commissioner, Tambaram Municipality, the second respondent herein. The second respondent passed the impugned order Na.Ka.No.3629/05A3 dated 15.7.2005 rejecting her claim stating that the land tax has already been assessed in Assessment No.10313 in favour of a Manram for several years. Therefore, the petitioner's request for issue of demand notice and for collecting tax once again cannot be considered. Aggrieved thereby, the present writ petition has been filed.
3. On instruction, the learned counsel for the petitioner now states that the petitioner has filed a suit O.S.No.188 of 2003 before the District Munsif, Tambaram seeking certain relief against the respondents herein and would pursue the remedy in the suit. The learned counsel for the petitioner states that the District Munsif Court, Tambaram may be directed to dispose of the suit at an early date and the writ petition can be closed permitting the writ petitioner to pursue the alternative remedy as stated above.
4. In view of the statement of the learned counsel for the petitioner, the writ petition stands closed, however, with liberty to the writ petitioner to pursue the Civil Suit to redress her grievance and the Civil Court shall consider the petitioner's request for early hearing if the request is justified. No order as to costs.
ts To
1.The Collector, Kancheepuram District, Kancheepuram.
2.The Commissioner, Tambaram Municipality, Tambaram, Chennai