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Madras High CourtWP/13234/2024ordered

S.Suganya Devi v. The Commissioner

2024-05-09Honourable Mrs Justice R. Kalaimathi5 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 09.05.2024

CORAM:

THE HONOURABLE MRS. JUSTICE R.KALAIMATHI S.Suganya Devi

...Petitioner

Vs 1.The Commissioner City Municipal Corporation Mangalam Road, Tiruppur Tiruppur District-641 603.

2.The Deputy Commissioner City Municipal Corporation Tiruppur, Tiruppur District-641 603 3.The Assistant Commissioner (Revenue) City Municipal Corporation Tiruppur, Tiruppur District.

...Respondents

PRAYER: Writ Petition is filed under Article 226 of the Constitution of India to issue a Writ of Mandamus directing the Respondents 1 to 3 to consider the petitioner's representation letter dated 17.02.2024 and further directing the 3rd respondent to effect name transfer from the 1/5

petitioner mother namely viz., late Banumathi to the petitioner name Suganya Devi on the file of the 3rd respondent Tax Assessment No.032/016/902693.

For Petitioner : Mr.S.Ramajayam

ORDER

By consent of both parties, this writ petition is taken up for final disposal at the stage of admission itself.

2. This Writ Petition has been filed seeking for issuance of direction to the respondents 1 to 3 to consider the representation of the petitioner dated 17.02.2024.

3. The case of the petitioner is that the petitioner is having property landed to an extent of 0.42 cents at Thottipalayam Village in Tiruppur Taluk. The said property originally belongs to her mother Tmt.Banumathi and the same was given to the petitioner through a family arrangement dated 05.12.2016. Her mother gave the property to her by way of compromise decree in A.S No.40 of 2018 of Sub Court, 2/5

Tiruppur. Two shops are there in the said property bearing Door No.786/5A and 786/5B. The tax assessment order numbers are 032/016/902693 and 032/016/902694. As regards Door No.786/5A, tax assessment has not been changed in her name. Despite her requisition dated 17.02.2024, the same was not considered till date. Hence this writ petition.

4. The learned counsel for the petitioner submitted that it would be suffice if this Court issues a direction to the respondents 1 to 3 to consider the petitioner's representation and pass orders.

5. The learned standing counsel appearing for the respondents 1 to 3 submits that the representation of the petitioner will be considered on merits and in accordance with law.

6. Considering the facts of the case, this Court without expressing any opinion on the merits of the case directs the respondents 1 to 3 to consider the representation of the petitioner and pass orders within a period of eight weeks from the date of receipt of a copy of this Order. 3/5

7. With the above direction, this writ petition is disposed of. No costs.

09.05.2024 Index:Yes/No Speaking order/Non-speaking order uma To 1.The Commissioner City Municipal Corporation Mangalam Road, Tiruppur Tiruppur District-641 603.

2.The Deputy Commissioner City Municipal Corporation Tiruppur, Tiruppur District-641 603 3.The Assistant Commissioner (Revenue) City Municipal Corporation Tiruppur, Tiruppur District.

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R.KALAIMATHI,J.

uma W.P.No.13234 of 2024 09.05.2024 5/5