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2013 DIGILAW 279 (MAD)

Soundarapandian v. Commissioner, Thanjavur Municipality

2013-01-10

K.RAVICHANDRA BAABU

body2013
Judgment 1. The prayer in this writ petition is as follows:- “It is therefore prayed that this Hon'ble Court may be pleased to issue a Writ of Mandamus forbearing the 1st respondent from collecting property tax from the second respondent in respect of property measuring 16 kuzhies 2304 square feet comprised in TS No.3468/4, Pookkallai alias Anbu Nagar alias Jagannatha Nagar, 1st Street in Pudhupattinam Vattam, VI Ward, Nanambuchavadi, Thanjavur Town under Assessment No.39885 and consider the representation of the petitioner and pass such further or other orders as this Hon'ble Court may deem fit and thus render justice.” 2. It appears from the counter affidavit filed by the second respondent that a civil dispute is pending between the parties, which had culminated to the stage of the second appeal in S.A.No.1174 of 2008 pending before this court. When there is a civil dispute pending between the petitioner and the second respondent, the prayer sought for in this writ petition cannot be entertained and no such direction can be issued to the first respondent as sought for by the petitioner. 3. Considering the above said fact, the writ petition is dismissed. Consequently, connected Miscellaneous Petition is closed. No costs.