S.Gurumoorthy v. The Commissioner
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 16.09.2022 CORAM :
THE HONOURABLE MR. JUSTICE M.DHANDAPANI Writ Petition No.30248 of 2013 S.Gurumoorthy ... Petitioner Vs.
1.The Commissioner, Corporation of Chennai, Rippon Building, Chennai.
2.The Assistant Revenue Officer, Zone-4, Corporation of Chennai, Chennai.
3.Sarojammal (R3 impleaded as per order dt. 22.11.2013 in M.P.No.1 of 2013 by KKSJ) ... Respondents PRAYER: Writ Petition filed under Article 226 of Constitution of India, praying for issuance of Writ of Mandamus, directing the respondents to effect name transfer in the property Tax assessment pertaining to the petitioner's property bearing New No.16, Old No.57, Plot No.1013, 26th Kennedy St, G.K.M. Colony, Chennai - 82, measuring 560 Sq.ft in pursuant to the representation dated 12.07.2013 made by the petitioner. Page No.1 of 7
For Petitioner :
Mr.A.Prabhakaran For Respondent 1 & 2 :
Aswini Devi.K, Standing Counsel for Chennai Corporation
O R D E R
The petitioner has filed this petition seeking direction to the respondents to effect name transfer in the property Tax assessment pertaining to the petitioner's property bearing New No.16, Old No.57, Plot No.1013, 26th Kennedy St, G.K.M. Colony, Chennai - 82, measuring 560 Sq.ft in pursuant to the representation dated 12.07.2013 made by the petitioner.
2. Since no adverse order is being passed against the third respondent, notice to third respondent is dispensed with.
3. The case of the petitioner is that the petitioner purchased a portion of the property measuring to an extent of 560 sq ft located in New No.16, Old No.57, 26th Kennedy Street, G.K.M. Colony, Chennai - 82, from one Karpagam vide sale deed in Doc.No.1990 of 2007. Though the total extent of the subject property was allotted in favour of Karpagam, the property tax Page No.2 of 7
assessment stood in the name of Mrs.Sarojammal (daughter of said Karpagam). Hence, the petitioner has made a representation dated 12.07.2013 before the second respondent for effecting name transfer in the property tax assessment pertaining to the property purchased by him. However, till date no order was passed. Hence, the writ petition.
4. Though very many grounds have been raised in this Writ Petition, learned counsel for the petitioner submitted that, it would suffice, if this Court issues a direction to the second respondent to consider the petitioner's representation dated 12.07.2013 and pass orders on the same within a time frame to be fixed by this Court.
5. The learned standing counsel appearing for the respondents has no objection for said order being passed.
6. Heard the learned counsel appearing on either side and perused the materials placed on record.
7. Considering the limited request made by the learned counsel for the Page No.3 of 7
petitioner, this Court without going into the merits of the case, directs the second respondent to consider the petitioner's representation dated 12.07.2013 on merits and in accordance with law, after affording an opportunity of hearing to the petitioner as well as aggrieved persons if any, including the third respondent, within a period of six weeks from the date of receipt of a copy of this order.
8. With the aforesaid direction, this Writ Petition is disposed of. No costs.
16.09.2022 vm Index :
Yes/No Speaking Order :
Yes/No Page No.4 of 7
To:
1.The Commissioner, Corporation of Chennai, Rippon Building, Chennai.
2.The Assistant Revenue Officer, Zone-4, Corporation of Chennai, Chennai.
Page No.5 of 7
M.DHANDAPANI,J.
Vm Page No.6 of 7
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