← Library
Madras High CourtWP/27405/2018disposed of

Ayub Zainuddin v. The Commissioner

2018-10-22Honourable Mr Justice V. Bharathidasan2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 22.10.2018

CORAM

THE HONOURABLE MR.JUSTICE V.BHARATHIDASAN W.P.No.27405 of 2018 Ayub Zainuddin ... Petitioner Vs

1. The Commissioner, Greater Chennai Corporation, Ribbon Building, Chennai - 600 003.

2. The Assistant Revenue Officer, Zone - 9, Greater Chennai Corporation, Chennai.

3. Aysha ... Respondents Prayer: Writ Petitions filed under Article 226 of the Constitution of India, seeking for an issuance of Writ of Mandamus, directing the respondents 1 and 2 to consider their representation dated 13.03.2018 and direct the respondents 1 and 2 to delete the name of the 3rd respondent in the property tax receipts and in the connected records.

For Petitioner : Mr.D.S.Ramesh For Respondents : Mr.V.C.Selvasekaran (For R1 & R2)

O R D E R

This writ petition has been filed seeking direction to the respondents 1 and 2 to consider the petitioner's representation dated 13.03.2018 to remove the name of the third respondent from the property tax assessment.

2. According to the petitioner, the petitioner's grand father one M.A.Kareem, who is the owner of the property died intestate leaving his two sons, namely, A.K.Zainuddin and Fazuluddin as his legal heirs. As per the family arrangement, https://hcservices.ecourts.gov.in/hcservices/

the parties have agreed that the property tax assessment should be transferred in the name of the petitioner and hence, he made representation to delete the name of the third respondent and that application was not considered by the respondents till date.

3. In view of the nature of the order going to be passed in the writ petition, which no way prejudice the interest of the third respondent, notice to the third respondent is dispensed with.

4. Considering the fact that without going into the merits of the case since the representation of the petitioner is pending with the second respondent, the second respondent is directed to pass suitable orders on the representation, on merits and in accordance with law after issuing notice to the petitioner as well as the third respondent within a period of six(6) weeks from the date of receipt of a copy of this order.

5. With the above direction, this writ petition is disposed of. No costs.

-s/d- Deputy Registrar True Copy Sub-Assistant Registrar mrp To

1. The Commissioner, Greater Chennai Corporation, Ribbon Building, Chennai - 600 003.

2. The Assistant Revenue Officer, Zone - 9, Greater Chennai Corporation, Chennai.

+1 CC to Mr.D.S.Ramesh, Advocate sr 71662.

W.P.No.27405 of 2018 SP(26/11/2018) https://hcservices.ecourts.gov.in/hcservices/