Govindammal @ Rani v. The Commissioner,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 06.03.2019

CORAM

THE HONOURABLE MR.JUSTICE DR.ANITA SUMANTH W.P.No.6205 of 2019 Govindammal @ Rani ... Petitioner Vs 1.The Commissioner, Ambattur Municipality, Chennai.

2.S.Ganesan ... Respondents Prayer: This Writ Petition is filed under Article 226 of the Constitution of India, seeking for issuance of Writ of Mandamus directing the 1st respondent to collect the property tax in Assessment No.36068 for an extent of 1200 sq.feet in his name. For Petitioner : Mr.S.C.Vishwanth For Respondents: Mr.T.C.Gopalakrishnan, Standing Counsel for R1.

O R D E R

This Writ petition falls within a limited compass and thus, with the consent of both the learned Counsel appearing before me, Mr.S.C.Vishwanth, learned Counsel for the petitioner and Mr.T.C.Gopalakrishnan, Standing Counsel who has taken notice on behalf of R1, I dispose of the same finally, even at the stage of admission.

2.This Writ petition has been filed for issuance of Writ of mandamus directing the 1st respondent to collect the property tax in Assessment No.36068 only to an extent of 1200 sq.ft standing in the petitioner's name. According to the petitioner, the property in S.No.114/1B of Ambattur Town Limit, Thiruvallur district and in municipal area of Plot No.33, Arunagirinadhar Street, TMP Nagar, Padi, Chennai 50 admeasuring 1200 Sq.ft., originally belong to the petitioner vide sale deed dated 23.07.1979, the petitioner sold 1200 sq.ft., of the same for valid consideration. Thus, an assessment of property tax in her name can be made only in regard to the property admeasuring 1200 sq.ft., she now owns and possesses. To this end, she sought

mutation of the revenue records and filed an application in this regard before the 1st respondent on 21.11.2018 which still stands undecided.

3.Mr.T.C.Gopalakrishnan, learned standing Counsel for the respondents has filed a memo before this Court to the effect that the Ambattur municipality, arrayed as R1, has merged with the Greater Chennai Corporation in October 2011. The erstwhile Ambattur municipality is now referred to as Zone - VII of the Greater Chennai Corporation. Without standing on a technicality however, he fairly states that the petitioner may be directed to appear before the concerned officer i.e., Assistant Revenue Officer, Zone - VII of the Greater Chennai Corporation and the officer directed to dispose of the representation of the petitioner dated 21.11.2018.

4.At request of both parties, I direct the petitioner to appear before the Assistant Revenue Officer, Zone - VII of the Greater Chennai Corporation on 15.03.2019 at 02.30 p.m., along with a copy of application dated 21.11.2018. The officer will, after hearing the petitioner or person appearing on behalf of the petitioner duly authorised by her, and on perusing all the relevant materials, pass an order within three weeks from the date of conclusion of the personal hearing. 5.This Writ petition is disposed of in the aforesaid terms. No costs.

Sd/- Assistant Registrar //True Copy// Sub Assistant Registrar ay To 1.The Commissioner, Ambattur Municipality, Chennai.

2.The Assistant Revenue Officer, Zone VII, Greater Chennai, Corporation.

+1cc to Mr.P.Ananda Kumar, Advocate sr.no.21014 +1cc to Mr.T.C.Gopalakrishnan, Advocate sr.no.20800 W.P.No.6205 of 2019 nr 15/03/2019