Kishore Narsimha Koka v. The Commissioner
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 31.03.2022
CORAM
THE HONOURABLE MR.JUSTICE R.SURESH KUMAR W.P.No.7510 of 2022 Kishore Narsimha Koka ... Petitioner Vs 1.The Commissioner, Corporation of Greater Chennai, Rippon Building, Chennai - 600 003.
2.The Revenue Officer, Revenue Department, Corporation of Greater Chennai, Rippon Building, Chennai - 600 003.
3.The Assistant Commissioner, Zone - 9, Corporation of Greater Chennai, Nungambakkam, Chennai - 600 034.
4.The Assistant Revenue Officer, Zone - 9, Corporation of Greater Chennai, Nungambakkamm, Chennai - 600 034.
... Respondents Prayer : Petition filed under Article 226 of the Constitution of India, praying for issuance of a Writ of Mandamus directing the respondents 1 to 4 to consider the representation dated 21.02.2022 to transfer the Corporation tax Assessment in the name of petitioner Mr.Kishore Narasimha Koka in respect of one portion admeasuring 325 sq.ft. in the first floor at NO.9, Pycrofts Road, Triplicane, Chennai - 600 005. For Petitioner : Mr.D.Vijaya Raamkrishnaa For Respondents : Ms.S.Vaitheeswari Standing Counsel
ORDER
The prayer sought for herein is for a writ of mandamus directing the respondents 1 to 4 to consider the representation dated 21.02.2022 to transfer the Corporation tax Assessment in the name of petitioner Mr.Kishore Narasimha Koka in respect of one portion admeasuring 325 sq.ft. in the first floor at No.9, Pycrofts Road, Triplicane, Chennai - 600 005.
2. The petitioner father acquired the property admeasuring 325 sq.ft. in the first floor at No.9, Pycrofts Road, Triplicane, Chennai by way of partition deed dated 30.10.1987 which was registered as a document in Sub Registrar Office, Triplicane.
3. Subsequently, the father of the petitioner expired on 06.10.2009 leaving behind the petitioner as a sole legal heir. Therefore, the petitioner, in order to change the assessment of property tax for the said property in the name of the petitioner, had given a request/ representation dated 21.02.2022 to the respondents and in order to consider the same, as the same has not been so far considered, to seek for a direction by way of mandamus, the present writ petition has been filed.
4. Heard Mr.Dr.Vijaya Raamakrishnaa, learned counsel appearing for the petitioner, who having reiterated the aforesaid, would seek indulgence of this Court.
5. Heard Ms.S.Vaitheeswari, learned Standing Counsel appearing for the respondent Corporation, who after accepting notice, would submit that, the said representation made by the petitioner dated 21.02.2022 would be considered on merits and a decision would be taken thereon within a time frame that may be stipulated by this Court.
6. Considering the limited scope of the prayer sought for herein and having regard to the aforestated, this Court is inclined to dispose of this writ petition with the following orders:
That there shall be a direction to the respondents to consider the representation of the petitioner dated 21.02.2022 and decide the same on merits and in accordance with law, of course after giving an opportunity of being heard if it is necessary to the petitioner and pass final orders thereon within a period of six weeks thereafter.
7. With this direction, this Writ Petition is disposed of. No costs.
SD/- ASSISTANT REGISTRAR // TRUE COPY // SUB ASSISTANT REGISTRAR Sgl To 1.The Commissioner, Corporation of Greater Chennai, Rippon Building, Chennai - 600 003.
2.The Revenue Officer, Revenue Department, Corporation of Greater Chennai, Rippon Building, Chennai - 600 003.
3.The Assistant Commissioner, Zone - 9, Corporation of Greater Chennai, Nungambakkam, Chennai - 600 034.
4.The Assistant Revenue Officer, Zone - 9, Corporation of Greater Chennai, Nungambakkamm, Chennai - 600 034.
+1cc to Mr.D.Vijayaraamakrishnaa, Advocate Sr.21653 W.P. No.7510 of 2022 pl[co] srg 12/04/2022