Madras High CourtWP/38994/2024disposed of

R.Vijayabarathi v. The District Collector

2025-01-20Honourable Mr Justice C.V. Karthikeyan5 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 20.01.2025

CORAM:

THE HONOURABLE MR. JUSTICE C.V. KARTHIKEYAN W.P.No.38994 of 2024 R. Vijayabarathi ... Petitioner Vs

1. The District Collector, District Collector Office Thiruvarur.

2. The Block Development Officer Block Development Office, Muthupettai (Taluk) Thiruvarur District.

3. The Village Panchayat Secretary Sankanthi Panchayat, Sankanthi, Muthupettai, Thiruvarur District.

4. The Panchayat President Sankanthi Panchayat, Sankanthi, Muthupettai (taluk) Thiruvarur District.

.... Respondents 1/5

Prayer: Writ petition filed under Article 226 of the Constitution of India, praying to issue a writ of mandamus to direct the 3rd and 4th respondents to name transfer the house tax and water tax in favour of the petitioner before her representation dated 28.06.2024 and 19.10.2024. For Petitioner : Mr.Vengadesan.M.

For Respondents : Mr.T.Chandrasekaran Spl. Government Pleader for R1 Mr.C.Jaya Prakash Government Advocate for R2 to R4

O R D E R

This writ petition has been filed for issuance of a writ of mandamus to direct the 3rd and 4th respondents to transfer the name for the house tax and water tax in favour of the petitioner in view of her representation dated 28.06.2024 and 19.10.2024.

2. The petitioner claims that the property was purchased by her father and that he had executed a Will dated 16.08.2022 that the property would devolve on to the writ petitioner / daughter. But however a perusal 2/5

of the Will shows that actual transfer would be after the death of the father and also of the mother. The mother is still alive. The mother had also raised objections. After the death of the mother necessary transfer can be made in accordance with law, not during the life time of the mother.

3. With the above observation the writ petition is disposed of. No costs.

20.01.2025 dpq Index: Yes/No Speaking order / Non speaking order To 3/5

1. The District Collector, District Collector Office Thiruvarur.

2. The Block Development Officer Block Development Office, Muthupettai (Taluk) Thiruvarur District.

3. The Village Panchayat Secretary Sankanthi Panchayat, Sankanthi, Muthupettai, Thiruvarur District.

4. The Panchayat President Sankanthi Panchayat, Sankanthi, Muthupettai (taluk) Thiruvarur District.

C.V.KARTHIKEYAN, J.

dpq 4/5

W.P.No.38994 of 2024 20.01.2025 5/5