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Madras High CourtWP/160/2020closed

Jemima Grace v. The State Of Tamilnadu,

2020-02-17Honourable Dr Justice Anita Sumanth2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 17.02.2020

CORAM

THE HONOURABLE DR. JUSTICE ANITA SUMANTH Writ Petition No.160 of 2020 Jemima Grace

...Petitioner

--Vs-- 1.The State of Tamil Nadu Represented by the Secretary to Government, Municipal Administration and Water Supplies, Chennai 600 009.

2.The Commissioner, Greater Chennai Corporation Chennai-600 002 3.The Assistant Commissioner, Zone 06, Division 65, Greater Chennai Corporation, Chennai.

...Respondents

PRAYER: PETITION filed under Article 226 of the Constitution of India praying for the issuance of Writ of Mandamus, directing the third respondent to transfer the property tax based on the Will dated 10.08.2017 in petitioner's favour and consequently direct the first and second respondents to cause the issue of clear cut circular on the procedure to be followed in the matter of transfer of property tax assessment based on a Christian Will within a time-frame stipulated by this Hon'ble Court.

For Petitioner : Mr.D.Daniel For Respondent : Mr.B.Anand-G.A for R1 Mrs.Karthikaa Ashok R2 and R3

O R D E R

Heard Mr.D.Daniel, learned counsel for the petitioner, Mr.B.Anand, learned Government Advocate for the 1st respondent and Mrs.Karthikaa Ashok, learned counsel for 2nd and 3rd respondents.

2. The petitioner appears to have sought transfer of property tax in his name before the respondent authorities and in this writ petition prays for a mandamus directing the 3rd respondent to effect the transfer of property tax in his name, based on a Will dated 10.08.2017.

https://hcservices.ecourts.gov.in/hcservices/

3. Such a blanket prayer cannot be considered or granted by this Court, seeing as it is for the authorities to consider the application for transfer and pass orders in accordance with law after taking into account all relevant facts in the matter. Dehors this aspect, today an order dated 10.01.2020 is circulated by Mrs.Karthikaa Ashok, wherein, the request of the petitioner stands rejected by the authorities. This order is stated to have been issued to the petitioner by post.

4. In such event, the present writ petition is rendered infructuous as nothing further survives therein. However, liberty is always available to challenge the aforesaid order dated 10.01.2020 in a manner known to law. With this observation, this writ petition is closed as infructuous. No costs.

Sd/- Assistant Registrar (CS-V) //True Copy// Sub Assistant Registrar Ska To 1.The Secretary to Government of Tamilnadu, Municipal Administration and Water Supplies, Chennai 600 009.

2.The Commissioner, Greater Chennai Corporation Chennai-600 002 3.The Assistant Commissioner, Zone 06, Division 65, Greater Chennai Corporation, Chennai.

+3cc to Mr.D.Daniel, Advocate, S.R.No. 13862 +1cc to Mr.J.Ashok, Advocate, S.R.No. 13309 +1cc to the Government Pleader, S.R.No. 14222 Writ Petition No.160 of 2020 SR(CO) GN(20/03/2020) https://hcservices.ecourts.gov.in/hcservices/