Madras High CourtWP/28762/2013disposed of

C.Rabia Begum v. The Revenue Officer

2021-10-22Honourable Mr Justice S.M. Subramaniam2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 22-10-2021

CORAM

THE HONOURABLE MR. JUSTICE S.M.SUBRAMANIAM WP No.28762 of 2013 And MP No.1 of 2013 1.C.Rabia Begum 2.C.Abdul Aleem 3.C.Mohammed Imran 4.C.Abdul Hadi 5.C.S.Umai Habiba ..

Petitioners vs.

The Revenue Officer, Corporation of Chennai, Rippon Buildings, Chennai.

Respondent Writ Petition is filed under Article 226 of the Constitution of India, praying for the issuance of a Writ of Mandamus, directing the respondent to effect mutation of revenue records in the name of the petitioners in consonance with the final decree in C.S.No.98 of 1991 on the file of this Court and consequentially direct the respondent to collect the proportionate property tax along with proportionate arrears from the petitioners.

For Petitioners : Ms.Nathami for Mr.T.S.Baskaran For Respondent : Ms.Karthikaa Ashok

O R D E R

The petitioners state that a portion of the property was allotted in their favour measuring 2,295 sq. ft., by this Court in C.S.No.98 of 1991 through its judgment and decree dated 06.04.2010.

2. This Court also directed the parties to mutate their respective names in the respective documents as per law. Consequently, the petitioners had submitted an application to mutate the revenue records in their name by letters dated 25.04.2011 and 20.03.2013, enclosing all other relevant documents. There was no objection from the other parties for https://hcservices.ecourts.gov.in/hcservices/

such transfer. However, the respondent has not taken any steps. Thus, the petitioner is constrained to move the present writ petition.

3. This Court is of the considered opinion that when the rights of the parties are crystallised and the judgment and decree was passed in civil suit, more specifically in C.S.No.98 of 1991 and based on the decree, the application is also submitted, the Authorities are bound to consider the same on merits and in accordance with law.

4. In view of the facts and circumstances, the respondent is directed to consider the application submitted by the petitioners on 25.04.2011 and on 20.03.2013 and conduct an enquiry and pass orders on merits and in accordance with law, within a period of twelve weeks from the date of receipt of a copy of this order. The petitioners are directed to enclose one more copy of the application and all other relevant documents along with the order passed in this writ petition.

5. With the above directions, the writ petition stands disposed of. However, there shall be no order as to costs. Consequently, connected miscellaneous petition is closed. Sd/- Assistant Registrar (CS-IV) //True Copy// Sub Assistant Registrar Svn To The Revenue Officer, Corporation of Chennai, Rippon Buildings, Chennai.

+1cc to Mr.T.S.Baskaran, Advocate, S.R.No.54464 +1cc to Mr.Karthikaa Ashok, Advocate, S.R.No.54438 WP 28762 of 2013 SMI(CO) GN(02/11/2021) https://hcservices.ecourts.gov.in/hcservices/