Appellant can’t be treated as Defaulter for DD misplaced by officer

Smt. Rani Mohan Vs The Commissioner of Corporation (Madras High Court)

Heard Mr.S.Venkatesh, the learned counsel appearing for the petitioner and Ms.Karthikaa Ashok, the learned standing counsel, accepting notice on behalf of the respondent/Corporation. With the consent of the learned counsel appearing on either side, this Writ Petition is taken up for disposal.

2. The petitioner has impugned a computerized statement, which has been uploaded in the Official Website of the respondent/Corporation with regard to the petitioner’s property tax payable.

3. This is the second time, the petitioner is before this Court, complaining that the proper assessment has not been done in respect of the petitioner’s property. Earlier, the petitioner filed a Writ Petition, in W.P.No.26614 of 2009, to quash the order of assessment, dated 05.10.2009 passed by the third respondent herein, and for a direction upon the respondents 2 to 4, (respondents 1 to 3 herein) to make revision of assessment in accordance with the regulations and relevant rules. The matter was heard after the learned Standing Counsel obtained instructions from the respondent/Corporation, and the Writ Petition was disposed of on 03.12.2014.

4. In terms of the direction issued in the aforesaid W.P.No.26614 of 2009, the petitioner was required to pay a sum of Rs.1,37,807/- only, being the arrears of tax on the pre-revised rate. The petitioner complied with the same by issuing a cheque in favour of the Corporation of Chennai, which was refused to be received by the third respondent. Therefore, the petitioner sent a demand draft, dated 22.01.2015, bearing No.787537, drawn on the State Bank of India, Elephant Gate Branch, Chennai, in favour of the respondent/Corporation. This Demand Draft was sent along with a notice, dated 22.1.2015. The third respondent has received the demand draft, but, unfortunately, misplaced the same. It is not known, as to how, the Revenue Department of the Corporation can be so careless in misplacing the demand draft, especially, when such amount was directed to be paid, pursuant to the Court order.

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