THE HON'BLE SRI JUSTICE V.V.S.RAO AND THE HON'BLE SRI JUSTICE RAMESH RANGANATHAN W.P.No.8515 OF 2010 ORDER: (Per Hon’ble Sri Justice V.V.S.Rao) The petitioner is a medical practitioner running a nursing home in house bearing No.9-1-14, Bandla Vari Veedhi, Kavali in Nellore District. The property is assessed to Municipal tax by the respondent. Aggrieved by the notice of demand dated 09.04.2010, he invoked this Court’s jurisdiction under Article 226 of the Constitution of India. The petitioner relies on Rule 29 of Schedule II of A.P. Municipalities Act, 1965, and contends that, as he is a tenant, he is not liable to pay the municipal tax. He further contends that no notice was issued to him as occupier of the premises, and suddenly the impugned notice was issued demanding the tax without giving any details. The petitioner then approached the respondent by making a representation on 10.04.2010 informing that he is likely to vacate the premises, and that he is not liable to pay the tax. The respondent did not take any action thereon. The matter has been coming up for admission from 16.04.2010 onwards. Thereafter it was listed atleast on ten occasions. When it was listed before us, we directed the Standing Counsel for the respondent to get instructions. After getting instructions, Learned Standing Counsel submits that the petitioner himself has filed a suit in O.S. No.425 of 2006 on the file of the Court of the Junior Civil Judge, Kavali, and that the Municipality is negotiating with the owner of the premises, under occupation of the petitioner, for settlement of the issue. He also does not dispute that the representation made by the petitioner on 10.04.2010 is pending. As the matter has been listed for admission more than ten times, we are not inclined to keep the matter pending. As the Standing Counsel submits that the Municipality has already commenced negotiations, and a suit is pending, we dispose of the writ petition directing the respondent to consider the representation of the petitioner within a period of four weeks and pass appropriate orders. No coercive action shall be taken against the petitioner for a period of four weeks. The writ petition stand disposed of accordingly. No costs. _____________ V.V.S.RAO, J ___________________________ RAMESH RANGANATHAN, J 06.12.2010 MRKR