S.Ramesh v. The Commissioner,
2024:MHC:4216
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 19.09.2024
CORAM:
THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN W.M.P.No.12225 of 2018
1. S.Ramesh
2. S.Suresh
...Petitioners
-Vs1. The Commissioner, Corporation of Chennai, Rippon Building, Chennai - 3.
2. The Assistant Revenue Officer, Revenue Department, Zone Office - IX, Corporation of Chennai, No.1, Lake Area 4th Cross Street, Nungambakkam, Chennai - 34.
3. The Area Engineer-IX, Area Office - IX, No.1, Dr.Ranga Road, Abhiramapuram, Chennai - 600 018.
4. S.Ramani No.5387/5385, Slum Clearance Board, Semmancherry, Chennai - 119.
... Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India
praying to issue a Writ of Certiorarified Mandamus, directing the first, second and third respondents to re-transfer the name in Property Tax covered in old bill No.05-078-0169-004, new bill No.09-110-00204-000 and CMWSSB white card bearing No.09-110-00204-000 from the fourth respondent to the name of the petitioner's maternal grandfather A.Subramaniam pertaining to the property bearing No.29/63, Appasamy Street, Harrington Road, Chetpet, Chennai - 600 031. For Petitioners : Mr.S.Mohan For Respondents For R1 & R2 : Mrs.P.T.Rama Devi Standing Counsel For R3 : Mr.N.Srinivasan For R4 : No appearance
ORDER
This writ petition has been filed for direction directing the respondents 2 to 4, to re-transfer the name in Property Tax from the fourth respondent to the name of the petitioner's maternal grandfather viz., A.Subramaniam pertaining to the property bearing No.29/63, Appasamy Street, Harrington Road, Chetpet, Chennai - 600 031. 2.
Heard the learned counsel appearing on either side and perused the materials placed before this Court. 3.
According to the fourth respondent, the subject property was
bequeathed in his favour by a Will dated 09.08.1995. Though the said Will was probated in favour of the fourth respondent, for revocation of the same, the petitioner filed an application and it is pending in A.Nos.3009 & 3011 of 2023 before this Court.
4.
Considering the above facts and circumstances, the prayer sought for in this writ petition cannot be granted at present. However, the petitioner is at liberty to make a fresh application for transfer of Property Tax from the fourth respondent to the name of the petitioner's maternal grandfather viz., A.Subramaniam pertaining to the property bearing No.29/63, Appasamy Street, Harrington Road, Chetpet, Chennai - 600 031, subject to the result of the probate proceedings. 5.
With the above directions, the Writ Petition stands disposed of. Consequently, connected miscellaneous petition is closed. There shall be no order as to costs.
19.09.2024 Speaking/Non Speaking order rts
G.K.ILANTHIRAIYAN. J, rts To
1. The Commissioner, Corporation of Chennai, Rippon Building, Chennai - 3.
2. The Assistant Revenue Officer, Revenue Department, Zone Office - IX, Corporation of Chennai, No.1, Lake Area 4th Cross Street, Nungambakkam, Chennai - 34.
3. The Area Engineer-IX, Area Office - IX, No.1, Dr.Ranga Road, Abhiramapuram, Chennai - 600 018.
W.M.P.No.12225 of 2018 19.09.2024