Sulthan Abdul Khader v. The Secretary

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 28.03.2019

CORAM

THE HON'BLE MR. JUSTICE K.RAVICHANDRABAABU W.P.No.8896 of 2019 Sulthan Abdul Khader

...Petitioner

Vs.

1.The Secretary Commercial Taxes and Registration Department Secretariat Chennai-600 009.

2.The Inspector General of Registration Santhome, Chennai-600 028.

3.The Sub-Registrar Walajabad Kancheepuram District.

..Respondents Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus directing the 1st respondent to consider the representation dated 10.12.2018 of the petitioner.

For Petitioner :

Mr.A.Syed Kalesha For Respondents:

Mr.M.Thamizharasan Government Advocate

O R D E R

Mr.M.Thamizharasan, learned Government Advocate takes notice for the respondents. By consent of the parties, the writ petition is taken up for final disposal at the admission stage itself.

2. The petitioner seeks for a mandamus directing the 1st respondent to consider his representation dated 10.12.2018, wherein and whereby, he sought for re-classification and refixation of the guideline value in respect of the property situated at Srinath Nagar, Uthukkadu-B Village, Kancheepuram District, comprised in Survey No.547, Sub- division 13 & 14 (new

subdivisions 18 & 19) admeasuring about 6390 and 1800 sq.feet respectively.

3. It is stated that the petitioner's property was wrongly classified as Punjai-Kinatru Pasanam Type 1 and its guideline value was also wrongly fixed by the Revenue authorities. It is further stated that the petitioner sent a representation dated 10.12.2018 to the 1st respondent clarifying the aspect with regard to fixation of the guideline value. It is further stated that the 1st respondent has not taken any action on the petitioner's representation. Hence, the present writ petition is filed.

4. Heard both sides.

5. This Court, at this stage, is not expressing any view on the merits of the claim made by the petitioner, as it is for the 2nd respondent to consider and decide the same on merits and in accordance with law. Accordingly, this writ petition is disposed of, only with a direction to the 2nd respondent to consider the petitioner's representation dated 10.12.2018 and pass orders on the same on merits and in accordance with law, after hearing the petitioner and other interested parties, if any. Such exercise shall be done by the 2nd respondent within a period of twelve weeks from the date of receipt of a copy of this order. No costs.

Sd/- Assistant Registrar(Insp.cell) //True copy// Sub Assistant Registrar mk To 1.The Secretary Commercial Taxes and Registration Department Secretariat Chennai-600 009.

2.The Inspector General of Registration Santhome, Chennai-600 028.

3.The Sub-Registrar Walajabad Kancheepuram District.

+1cc to Mr.A.Syedkalesha, Advocate SR.No.29869 +1cc to Government Pleader SR.No.31102 WP.No.8896 of 2019 SSI(CO) GMY(02/05/2019)