A division bench of the Madras High Court has stayed the operation of an order of a single judge, which among other things, had directed the State government to constitute a taxation committee in each district, headed by the respective Collectors in the matter of collection of property tax assessment and collection.
A division bench of the Madras High Court has stayed the operation of an order of a single judge, which among other things, had directed the State government to constitute a taxation committee in each district, headed by the respective Collectors in the matter of collection of property tax assessment and collection.
The bench of Justices T S Sivagnanam and Sathi Kumar Sukumara Kurup grante the stay on Monday (Sept. 6), while passing interim orders on a writ appeal from the SSM Colledge of Engineering in Namakkal district.
While disposing of the writ petition from the college, Justice S M Subramaniam on August 18 this year had directed the Rural
Development and Panchayat Raj department to constitute the Taxation Committee in each District under the leadership of the respective District Collectors. The Collectors shall review the property tax assessments already made to verify the correctness or otherwise of the assessments made by the subordinate authorities. The department shall publish the list of property tax defaulters and the amount of arrears in its official website. The Collectors shall conduct monthly review meetings and shall show the progress in the matter of verifying the property tax assessment and its collection in the manner provided under the Statute and Rules. The Collectors are to ensure that lapses, dereliction of duty, negligence, corrupt activities etc., if any noticed in the matter of assessment of property tax or its collection, shall initiate appropriate action against all such officials and other persons both under the Service Rules and under the criminal law in force, the order had stated.
Staying its operation, the bench observed that the directions of the single judge are beyond the scope of the writ petition as it was only a writ petition and not in the nature of a public interest litigation (PIL). “Therefore, we are of the view that the appellant, by its senior counsel K Doraisamy, has made out a prima facie case for entertaining this writ appeal. Accordingly, this appeal is admitted. The appellant had the benefit of order of interim stay during the pendency of the writ petition. Hence, there shall be an order of interim stay,” the judges said and posted the matter for further hearing on November 2.
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A division bench of the Madras High Court has stayed the operation of an order of a single judge, which among other things, had directed the State government to constitute a taxation committee in each district, headed by the respective Collectors in the matter of collection of property tax assessment and collection.
The bench of Justices T S Sivagnanam and Sathi Kumar Sukumara Kurup grante the stay on Monday (Sept. 6), while passing interim orders on a writ appeal from the SSM Colledge of Engineering in Namakkal district.
While disposing of the writ petition from the college, Justice S M Subramaniam on August 18 this year had directed the Rural
Development and Panchayat Raj department to constitute the Taxation Committee in each District under the leadership of the respective District Collectors. The Collectors shall review the property tax assessments already made to verify the correctness or otherwise of the assessments made by the subordinate authorities. The department shall publish the list of property tax defaulters and the amount of arrears in its official website. The Collectors shall conduct monthly review meetings and shall show the progress in the matter of verifying the property tax assessment and its collection in the manner provided under the Statute and Rules. The Collectors are to ensure that lapses, dereliction of duty, negligence, corrupt activities etc., if any noticed in the matter of assessment of property tax or its collection, shall initiate appropriate action against all such officials and other persons both under the Service Rules and under the criminal law in force, the order had stated.
Staying its operation, the bench observed that the directions of the single judge are beyond the scope of the writ petition as it was only a writ petition and not in the nature of a public interest litigation (PIL). “Therefore, we are of the view that the appellant, by its senior counsel K Doraisamy, has made out a prima facie case for entertaining this writ appeal. Accordingly, this appeal is admitted. The appellant had the benefit of order of interim stay during the pendency of the writ petition. Hence, there shall be an order of interim stay,” the judges said and posted the matter for further hearing on November 2.
