S Saraswathy v. The Commissioner

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 02.01.2024

CORAM

THE HONOURABLE MR.JUSTICE SENTHILKUMAR RAMAMOORTHY S.Saraswathy ... Petitioner -vs1.The Commissioner, Greater Chennai Corporation, Rippon Building, Chennai - 600 003.

2.The Executive Engineer, Zone 9, Corporation of Chennai, Royapettah, Chennai - 600 014.

... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India, pleased to issue a Writ of Mandamus directing the second respondent to consider petitioner's representation dated 21.03.2023 seeking for transfer of Property Tax Assessment in petitioner's favour.

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For Petitioner : Mr.N.Lokesh Raj For Respondents : Mr.P.Prithvi Chopda Standing counsel (Corporation) **********

ORDER

The petitioner seeks issuance of a mandamus for the consideration of the representation dated 21.03.2023 for transfer of the Property Tax Assessment in favour of the petitioner.

2. The petitioner asserts that the property at No.16/7, Ramarao Garden, 2nd Street, Royapettah, Chennai - 600 014, originally belonged to her father, Mr.Maari Naicker, who died on 07.12.1991. Pursuant to the judgment and decree dated 11.01.2013 in O.S.No.397 of 2012 of the VI Additional City Civil Court, Chennai, it is asserted that an extent of 208 sq.ft. of land and building thereon was allotted to the share of the petitioner.

3. Thereafter, it is stated that the petitioner applied for and 2/5

obtained a transfer of the EB records in her name and also applied for the transfer of the Property Tax Assessment in her favour. In spite of the submission of the representation dated 21.03.2023, it is stated that no action was taken.

4. Mr.P.Prithvi Chopda, learned standing counsel for the Greater Chennai Corporation, accepts notice on behalf of both the respondents. He submits that if the relevant documents are resubmitted by the petitioner, the petitioner's representation would be considered and disposed of on merits.

5. In view of the above submissions, this writ petition is disposed of by directing the second respondent to consider the petitioner's representation dated 21.03.2023 and dispose of the same on merits after providing a reasonable opportunity to the petitioner and the other legal heirs of Mr.Maari Naicker. The petitioner is directed to re-submit relevant documents in this regard. The representation of the petitioner shall be disposed of within a period 3/5

of six weeks from the date of receipt of the re-submitted documents from the petitioner. There shall be no order as to costs. 02.01.2024 rna Index : Yes / No Internet : Yes / No To 1.The Commissioner, Greater Chennai Corporation, Rippon Building, Chennai - 600 003.

2.The Executive Engineer, Zone 9, Corporation of Chennai, Royapettah, Chennai - 600 014.

SENTHILKUMAR RAMAMOORTHY,J 4/5

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