Y Saravana Kumar v. The Corporation Of Chennai
IN THE HIGH COURT OF JUDICATURE AT MADRAS Dated : 02.07.2025
CORAM
THE HON'BLE Mr. JUSTICE KRISHNAN RAMASAMY and W.M.P.No.11569 of 2025 Y Saravana kumar ... Petitioner Vs.
1.The Corporation of Chennai Represented by Senior Revenue Officer, Zone 8 36B Pula Avene Road, Shenoy Nagar, Chennai 2.Durai kumar ... Respondents Prayer:
Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus, Directing the 1st respondent to assess the property tax as per the will dated 20.01.1985 in the name of the petitionr in respect of the property measuring 1115 square feet of land and the building on the same along with 50 percentage right in the 1/6
common passage measuring 331 square feet comprised in SF no. 64/2 Ayanavaram taluk with door no. 228(286) konnur high Road Ayanavaram Chennai 23 within the time stipulated by this honourable Court.
For Petitioner : Mr.M.Devaraj For Respondent : Mr.D.B.R.Prabhu Standing Counsel For R1
ORDER
This writ petition has been filed to direct the the 1st respondent to assess the property tax of the subject property, as per the will dated 20.01.1985, in the name of the petitioner.
2. The learned counsel for the petitioner would submit that on 20.01.1985, the petitioner's grandfather had executed a Will with regard to the subject property in favour of the petitioner's father. Thereafter, the petitioner's grandfather died on 16.01.1989 and the probate was granted on 27.10.2004. Now, the petitioner's father had settled the said subject 2/6
property in the name of the petitioner by virtue of the settlement deed dated 17.11.2022. Subsequently, the petitioner had approached the 1st respondent by way of an application dated 02.08.2024 to assess the property tax of the subject property in the name of the petitioner. In this regard, he had also made a representation dated 13.11.2024. However, the said representation was not at all considered and disposed of by the 1st respondent till date. Hence, this writ petition.
3. In reply, the learned Standing counsel appearing for the 1st respondent would submit that after the receipt of petitioner's representation dated 13.11.2024, the 1st respondent had conducted enquiry and appropriate orders will be passed as expeditiously as possible. Hence, he requests this Court to pass appropriate orders.
4. Heard the learned counsel for the petitioner and the learned Standing counsel appearing for the 1st respondent and also perused the materials available on record.
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5. In the case on hand, initially, a Will was executed by the petitioner's grandfather allotting the subject property in to the petitioner's father. After the demise of petitioner's grandfather, the probate was granted on 27.10.2004. Thereafter, the said subject property was settled in the name of the petitioner vide the settlement deed dated 17.11.2022. Therefore, an application was preferred by the petitioner on 02.08.2024, hereby, he requested the 1st respondent to assess the property tax of the subject property in his name. In this regard, a representation dated 13.11.2024 was made by the petitioner. However, the 1st respondent had not considered either the application or the representation till date.
6. In view of the above, this Court directs the 1st respondent to consider both the petitioner's application dated 02.08.2024 and the representation dated 13.11.2024 and dispose of the same on its own merits and in accordance with law within a period of 8 weeks from the date of receipt of copy of this order.
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7. With the above directions, this writ petition is disposed of. No costs. Consequently, the connected miscellaneous petitions are also closed.
02.07.2025 Speaking/Non-speaking order Index : Yes / No nsa To The Corporation of Chennai Represented by Senior Revenue Officer, Zone 8 36B Pula Avene Road, Shenoy Nagar, Chennai 5/6
KRISHNAN RAMASAMY.J., nsa & W.M.P.No.11569 of 2025 02.07.2025 6/6