P.V.Raja Boopathi Pandian v. The Commissioner,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 01.08.2018

CORAM

THE HONOURABLE MR. JUSTICE K.KALYANASUNDARAM WP.No.19514 of 2018 P.V.Raja Boopathi Pandian

...Petitioner

Vs.

The Commissioner, Chennai Corporation, Ribbon Buildings, Chennai - 600 003.

...Respondent

PRAYER:

Writ petition filed under Article 226 of the Constitution of India praying for issuance of Writ of Mandamus directing the respondents herein to consider the petitioner's representation dated 13.06.2018.

For petitioner : Mr.A.Saravanan For Respondent : Mr.V.C.Selvasekaran

ORDER

Mr.V.C.Selvasekaran, learned Standing Counsel takes notice for the respondent. By consent of the learned counsels appearing for the parties, the writ petition is taken up for final hearing.

2. The petitioner has come up with this writ petition praying for issuance of a writ of mandamus, directing the respondent to consider the representation of the petitioner dated 13.06.2018.

3. According to the petitioner, the property in Door No.9/3, Venkata Krishna Salai, in R.A.Puram, Chennai was originally owned by his father Vaalagurusamy. He executed a settlement deed in favour of the petitioner on 27.11.2009, thereby he became the absolute owner of the property.

4. The petitioner would further state that he had put up additional construction, and running a tea shop by obtaining licence from the respondent and he has been paying property tax in the name of his father.

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5. The grievance expressed by the petitioner is that though his father has given no objection certificate, the respondent has not passed any order so far on his representation.

6. The learned counsel for the petitioner would submit that it would suffice, if a direction is issued to the respondent to consider the representation of the petitioner.

7. The learned Standing Counsel for the respondent submitted that the Assistant Revenue Officer, Zone-IX, Chennai is the competent authority and if the petitioner gives a fresh representation, he would consider the same in accordance with law.

8. Taking note of the prayer sought for in the writ petition and the submissions of the learned counsels on either side, this Court without going into the merits of the case, directs the petitioner to give fresh representation to the Assistant Revenue Officer, Zone-IX, Chennai by enclosing a copy of this order within a period of two weeks from the date of receipt of a copy of this order. On such compliance, the said officer shall consider the same and pass appropriate orders purely on merits and in accordance with law, after providing an opportunity of hearing to the necessary parties within a period of eight weeks therefrom.

9. With the above directions, the writ petition is disposed of. No costs.

Sd/- Assistant Registrar(Audit) //True Copy// Sub Assistant Registrar To The Commissioner, Chennai Corporation, Ribbon Buildings, Chennai - 600 003.

+1cc to Mr.A.Saravanan, Advocate, S.R.No.52230 WP.No.19514 of 2018 KJI(CO) GSP(21/08/2018) https://hcservices.ecourts.gov.in/hcservices/