Ethirajammal v. The Assistant Land Tax

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 16.12.2022

CORAM:

THE HONOURABLE MR.JUSTICE N.SATHISH KUMAR W.P.No.33845 of 2022 Tmt. Ethirajammal.

... Petitioner vs.

1. The Assistant Land Tax Settlement Officer. O/o. The Commissioner Land Survey and Records Department, Chepauk, Chennai 600 005

2. The Special Taildar Urban land Tax Settlement Avadi, Chennai

3. C. Prabakar

4. P. Sureshbabu.

5. Anuppama

6. P. Rameshbabu ...

Respondents Prayer: Writ Petition is filed under Article 226 of the Constitution of India to issue a Writ of Mandamous to issue a Writ of Mandamus directing the 1st 1/4

Respondent to dispose the appeal dated 17.8.2020 and allow the appeal in accordance with law.

For Petitioner : Mr. D. Bharathy For Respondents : Mr. Yogesh Kannadasan Spl Government Pleader [for R1 & R2]

ORDER

This writ petition has been filed to direct the first respondent to dispose of the petitioner's appeal dated 17.08.2020 in accordance with law.

2. It is the case of the petitioner that the property situated in Survey No.212/1 to the extent of 1.88 cent at Vilanzhiyapakkam Village, Avadi Taluk, Thiruvallur District was stand in the name of the Varadhaya Naidu, the father of the Petitioner. After his death the said property came to the exclusive possession of the Petitioner and other three legal heirs. In the year 2019 the petitioner came to know there were alteration in the patta entry and three third party names were entered who are no way connected with the property. Immediately the petitioner filed his representation dated 05.08.2019 to cancel the the wrong entries in the patta and an enquiry was conducted by the 2nd Respondent, who rejected the Representation of the Petitioner. Hence, the Petitioner filed appeal before the 1st Respondent on 2/4

17.08.2020 but so far no proceedings have been initiated. Hence this writ petition.

3. Mr. Yogesh Kannadasan, learned Special Government Pleader takes notice on behalf of the Respondents 1 and 2 and submitted that the first respondent will decide the appeal filed by the Petitioner and pass Orders on merits within a period of two months.

4. In such view of the matter, the first respondent shall decide the appeal of the petitioner and pass orders on merits within a period of two months from the date of receipt of a copy of this Order.

5. With the above direction, this Writ Petition is disposed of. No costs.

16.12.2022 ggs 3/4

N.SATHISH KUMAR, J.

ggs

1. The Assistant Land Tax Settlement Officer. O/o. The Commissioner Land Survey and Records Department, Chepauk, Chennai 600 005

2. The Special Taildar Urban land Tax Settlement Avadi, Chennai.

W.P.No.33845 of 2022 22.12.2022 4/4