C.Adaikammai v. The Commissioner

IN THE HIGH COURT OF JUDICATURE AT MADRAS Dated : 15.10.2024

CORAM

THE HON'BLE Mr. JUSTICE KRISHNAN RAMASAMY & W.M.P.No.32769 of 2024 1.C.Adaikammai 2.C.Rama Thillai ... Petitioner Vs.

1.The Commissioner, Greater Chennai Corporation, Ripon Building, Chennai 600 003 2.The Zonal Officer, Zone XIII, Greater Chennai Corporation, No.115, Dr.Muthulakshmi Salai, Bakthavatchalam Nagar, Adayar, Chennai 600 020.

3.The Managing Director, Chennai Metropolitan Water Supply & Sewarage Board, No.1, Pumping Station Road, Chindatripet, Chennai 600 002.

4.R.M.Muthukaruppan @ Sasmmandam ... Respondents 1/6

Prayer:

Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus, to direct the 1st respondent to consider the effect of name transfer of property tax assessment in the joint name of the petitioners in respect of the property being ground floor portion of the building, situated at Door No.13, Bakthavatchalam Nagar, 5th Street Extension, Gandhi Nagar, Adayar, Chennai 600 020 together with undivided half share in the site, being 1800 sq feet out of the total extent of 3600 sq ft without insisting the production of sale deed in the name of Ramasamy, of the year 1964, vide Doc.No.3755/1964, Registered at No.2, Joint Sub-Registrar, Saidapet. For Petitioner : Mr.R.Munuswamy For Respondent : Ms.V.Vijayalakshmi, Standing counsel for R3 Mr.D.B.R.Prabhu, Standing counsel, for R1 and R2

ORDER

This writ petition has been filed to direct the respondent to to consider the effect of name transfer of property tax assessment in the joint name of the petitioners in respect of the subject property. 2/6

2. Mr.D.B.R.Prabhu, learned Standing counsel takes notice on behalf of the respondents 1 and 2 and Ms.V.Vijayalakshmi, takes notice on behalf of the 3rd respondent. By consent of the parties, the main writ petition is taken up for disposal at the admission stage itself.

3. The learned counsel for the petitioner would submit that the petitioners had obtained the subject property by way of succession from the deceased husband of 1st petitioner and now, they are the absolute owners of the said subject property. Hence, they had requested the respondents for transfer of property tax assessment in their joint name. In this regard, the petitioner had also filed a representation dated 12.01.2023 before the respondents. However, the same was not at all considered by the respondent till date. Hence, this petition has been filed.

4. In reply, the learned Standing counsel appearing for the respondents would requests this Court to pass appropriate orders 3/6

directing the respondent to consider and dispose of the representation made by the petitioner.

5. Heard the learned counsel for the petitioner and the learned Standing counsel for the respondents and also perused the materials available on record.

6. In the case on hand, it appears that the petitioners had obtained the property by way of succession after the demise of 1st petitioner's husband and hence, they requested for transfer of tax assessment in their joint name. In this regard, a representation dated 12.01.2023 has also been filed by the petitioners. However, the same was not considered by the respondents till date.

7. In view of the above, this Court directs the respondent to consider the representation filed by the petitioners dated 12.01.2023 and dispose of the same on its own merits and in accordance with law within a period of 4 weeks from the date of receipt of a copy of this order. 4/6

8. With the above directions, this writ petition is disposed of. No costs. Consequently, the connected miscellaneous petition is also closed. 15.10.2024 Speaking/Non-speaking order Index : Yes / No nsa To 1.The Commissioner, Greater Chennai Corporation, Ripon Building, Chennai 600 003 2.The Zonal Officer, Zone XIII, Greater Chennai Corporation, No.115, Dr.Muthulakshmi Salai, Bakthavatchalam Nagar, Adayar, Chennai 600 020.

3.The Managing Director, Chennai Metropolitan Water Supply & Sewarage Board, No.1, Pumping Station Road, Chindatripet, Chennai 600 002.

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KRISHNAN RAMASAMY.J., nsa & W.M.P.No.32769 of 2024 15.10.2024 6/6