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Madras High CourtWP/12402/2013disposed of

R.Ravindran, v. The Commissioner,

2018-07-10Honourable Mr Justice K. Kalyanasundaram3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 10.07.2018

CORAM

THE HONOURABLE MR.JUSTICE K.KALYANASUNDARAM W.P.No.12402 of 2013 and M.P.No.1 of 2013 1.R.Ravindran 2.R.Prema .. Petitioners Vs

1. The Commissioner, Corporation of Coimbatore, Town Hall, Coimbatore - 641 001.

2. The Assistant Commissioner, South Zone, City Municipal Corporation, Coimbatore.

.. Respondents Prayer:

The Writ Petition is filed under Article 226 of the Constitution of India, seeking for a Writ of Mandamus, directing the 2nd respondent herein to consider the representation dated 15.3.2013 sent by the petitioners and to change the name of the petitioners in revenue records of the property belonging to the petitioners at No.135, Telugu Bharamin's street, Coimbatore within the time fixed by this Court.

For Petitioners : Mr.T.Saikrishnan for M/s Sai Bharath and Ilan For Respondents : Mr.J.Sathyanarayanaprasad

O R D E R

Heard Mr.T.Saikrishnan, learned counsel for the petitioners and Mr.J.Sathyanarayanaprasad, learned counsel for the respondents and perused the materials available on record.

2. This writ petition has been filed for issuance of a writ of mandamus, directing the second respondent to consider the

representation of the petitioners dated 15.3.2013. 3.The learned counsel for the petitioners submitted that the petitioners are the absolute owners of the property situated at No.135, Telugu Bharamin's Street, Coimbatore and they have been in possession and enjoyment of the said property. However, the property tax and water tax assessment were wrongly transferred based on the forged document. It is further stated that the rights of the petitioners has been declared by the Civil Court in O.S.No.117 of 2011 and thereafter a representation was given to the respondents to re-transfer the assessment numbers in the name of the petitioners. Since it was not considered, the present writ petition.

4. The learned counsel for the petitioners further submitted that it would suffice, if a direction is issued to the second respondent to consider the grievance of the petitioner in accordance with law.

5. The learned counsel for the respondents submitted that the representation of the petitioners would be considered in accordance with law.

6. In the light of the above submissions made by the learned counsels on either side, this Court, without going into the merits of the case, directs the second respondent to consider the representation of the petitioners dated 15.03.2013 and pass orders purely on merits and in accordance with law, after affording an opportunity to all necessary parties, within a period of eights weeks from the date of receipt of a copy of this order.

7. With the above direction, this writ petition is disposed of. However, there shall be no order as to costs. Consequently, connected miscellaneous petition is closed.

Sd/- Assistant Registrar(CS IV) //True Copy// Sub Assistant Registrar ms To

1. The Commissioner, Corporation of Coimbatore, Town Hall, Coimbatore - 641 001.

2. The Assistant Commissioner, South Zone, City Municipal Corporation, Coimbatore.

+1cc to M/s Sai Bharath and Ilan, Advocate, S.R.No.45089 +1cc to Mr.J.Sathyanarayanaprasad, Advocate, S.R.No.44728 W.P.No.12402 of 2013 and M.P.No.1 of 2013 PA(CO) CS/24/07/18