G.Nagaraj, v. The Commissioner,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Dated: 18.09.2019

CORAM

THE HONOURNABLE MR.JUSTICE K.RAVICHANDRABAABU W.P.No.30363 of 2018

1. G.Nagaraj, S/o Late Ganesan

2. G.Ravi, S/o Late.Ganesan

3. E.Srinivasan, S/o Late.Elumalai

4. Mrs.L.Deivanayagi, W/o Late. Lakshmanan

...Petitioners

Vs.

1. The Commissioner, Ripon Building, Chennai - 600 003.

2. The Assistant Revenue Officer, Zonal-9/ Revenue Department, No.1, Lake Area, 4th cross Street, Nungambakkam, Chennai - 600 034.

3. Krishnamoorthy, S/o Late.Arumugam .. Respondents Writ Petition filed under Article 226 of the Constitution of India to issue a Writ of Mandamus to direct the first and second respondents herein to dispose of the petitioner's representation dated 01.09.2018 within a time that may be fixed by this Court.

For Petitioners : Mr.Haja Mohideen Gisthi For Respondents : Mr.T.C.Gopalakrishnan, Standing Counsel for R1 and R2 No appearance for R3.

O R D E R

The petitioners seek for issuing a Writ of Mandamus directing the first and second respondents to dispose of their representation dated 01.09.2018, wherein and whereby, they requested the respondents 1 and 2 to reverse the mutation effected in the property tax records relating to the properties situated at No.8, Old No.59, Abraham Street, Mylapore, Chennai - 600 004.

2. After notice, this Writ Petition is taken up for final hearing today. Though the 3rd respondent entered appearance through his counsel, today none appears for him, when the matter is called.

3. Mr.T.C.Gopalakrishnan, learned Standing Counsel for the respondents 1 and 2 submitted that the said representation made by the petitioners will be considered and appropriate orders will be passed within the time fixed by this Court.

4. Considering the limited relief sought for in this writ petition and without expressing any view on the merits of the claim made in the representation made by the petitioners, this Writ Petition is disposed of by directing the second respondent to consider the representation of the petitioners dated 01.09.2018 and pass orders on the same on merits and in accordance with law, after giving due opportunity of hearing to the petitioners, the 3rd respondent as well as the other interested parties, if any. Such exercise shall be done by the second respondent within a period of eight weeks from the date of receipt of a copy of this order. It is made clear that this Court is not expressing any view on the merits of the claim made by the petitioner as it is for the second respondent to consider and decide. No costs.

Sd/- Assistant Registrar(Co) //True Copy// Sub Assistant Registrar vsi To

1. The Commissioner, Ripon Building, Chennai - 600 003.

2. The Assistant Revenue Officer, Zonal-9/ Revenue Department, No.1, Lake Area, 4th cross Street, Nungambakkam, Chennai - 600 034.

+1cc to Mr.S.Haja Mohideen , Advocate SR.No. 80463 +1cc to Mr.T.C.Gopalakrishnan , Advocate SR.No. 80275 W.P.No.30363 of 2018 A.SK(16/10/2019)