Madras High CourtWP/10348/2017disposed of

N.Muthusamy @ Bose v. The Special Tahsildar

2017-10-03Honourable Mr Justice K. Ravichandrabaabu3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 03.10.2017

CORAM

THE HONOURABLE MR.JUSTICE K.RAVICHANDRABAABU Writ Petition No.10348 of 2017 and W.M.P.No.11273 of 2017 N.Muthusamy @ Bose .. Petitioner Vs.

1.The Special Tahsildar, City Land Tax Scheme, Coimbatore North.

2.The Commissioner of Corporation, Coimbatore Corporation, Coimbatore.

3.The Assistant Commissioner, West Zone, Coimbatore Corporation, Coimbatore.

.. Respondents PRAYER: Writ petition filed under Article 226 of the Constitution of India praying for issuance of Writ of Mandamus to grant patta to the petitioner and also remove the name of the second respondent in the Adangal for the property situated at Municipal Ward No.49, T.S.No.New.962, T.S.No.Old 2156, T.S.Ward No.7, Door No.924-929, Rankey Gounden Lane, New Mettupalayam Road, Coimbatore on the basis of the petitioner's application dated 06.02.2016 pending on the file of the first respondent. For Petitioner : Mr.S.Venkatesh For Respondents : Mr.P.Senthilvel Government Advocate for R1 Mr.J.Sathya Narayana Prasad Standing Counsel for R2 and R3

O R D E R

Heard Mr.S.Venkatesh, learned counsel appearing for the petitioner, Mr.P.Senthilvel, learned Government Advocate appearing for the first respondent and Mr.J.Sathya Narayana Prasad, learned Standing Counsel appearing for the respondents 2 and 3.

2.The petitioner seeks for a mandamus directing the first respondent to issue patta to the petitioner, after removing the name of the second respondent in the revenue record in respect of the property situated at Municipal Ward No.49, T.S.No.New.962, T.S.No.Old 2156, T.S.Ward No.7, Door No.924-929, Rankey Gounden Lane, New Mettupalayam Road, Coimbatore, based on the petitioner's application dated 06.02.2016. 3.The grievance of the petitioner is that the said application has not been considered so far. Needless to say that it is for the first respondent to consider the request of the petitioner and pass orders on the same on merits and in accordance with law, as this court, at this stage, is not expressing any view on the claim made by the petitioner.

It is also made clear that before passing such order, the first respondent shall give due opportunity of hearing to the petitioner as well as the second respondent. Thus, this writ petition is disposed of, only by directing the first respondent to dispose of the representation of the petitioner dated 06.02.2016, on its own merits and in accordance with law, after hearing the second respondent as well, within a period of six weeks from the date of receipt of a copy of this order. No costs. The connected miscellaneous petition is closed. s/d- Assistant Registrar(CS VIII) True Copy Sub-Assistant Registrar vri To 1.The Special Tahsildar, City Land Tax Scheme, Coimbatore North.

2.The Commissioner of Corporation, Coimbatore Corporation, Coimbatore.

3. The Assistant Commissioner, West Zone, Coimbatore Corporation, Coimbatore.

+1 CC to Mr.S.Venkatesh, Advocate sr 71066.

+1 Cc to Mr.J.Sathya Narayana Prasad, advocate sr 71109. +1 Cc to Govt. Pleader sr 71426.

W.P.No.10348 of 2017 GMR(CO) sp(12/10/2017)