Madras High CourtWP(MD)/66/2024disposed of

Nasibakhanam v. The Commissioner

2024-11-22Honourable Mr Justice K.Kumaresh Babu4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 22.11.2024

CORAM:

THE HONOURABLE MR.JUSTICE K.KUMARESH BABU Nasiba Khanam ... Petitioner /vs./ 1.The Commissioner, Madurai Corporation, Madurai 625 020.

2.The Assistant Commissioner, Madurai Corporation West Zone-3, Madurai 625 001.

3.Rajagopal Naidu M.S.B.V. and Co., 1B, West Veli Street (1-11), Madurai 625 001.

... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Mandamus, directing the 1st respondent to direct the 2nd respondent to cancel the property tax assessment old No.115/57692, New No. 115/055/901297 for the house property in T.S.No.470/1 Part, Door No.1B in West Veli Street, Madurai Town an extent of 775 Sq.fts stands in the name of the 3rd 1/4

respondent and change the same in the petitioner name as per the Town Survey Land Register Reference No.URB/24/16/001/005/0007/470/1B by considering his representation dated 11.11.2023, within the period stipulated by this Court. For Petitioner : Mr.Haja Mohideen For R1 : Mr.F.Deepak

ORDER

The prayer in the writ petition is for a direction to cancel the property tax assessment standing in the name of the third respondent by considering the representation of the petitioner dated 11.11.2023.

2. Considering the fact that the representation of the petitioner dated 11.11.2023 has still not been considered by the second respondent and the same is pending before him, it would only be proper to direct the second respondent to consider the representation of the petitioner after affording an opportunity to the petitioner as well as the third respondent. In view of the same, notice to the third respondent is dispensed with.

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3. Since the representation of the petitioner dated 11.11.2023 is still pending consideration with the second respondent, there shall be a direction to the second respondent to consider the representation of the petitioner dated 11.11.2023 and dispose of the same in accordance with law within a period of 8 weeks from the date of receipt of a copy of this order. It is made clear that the second respondent shall provide an opportunity of hearing to both the petitioner as well as the third respondent herein before passing any order.

4. With the aforesaid directions, the Writ Petition stands disposed of. However, there shall be no order as to costs. Index : Yes / No 22.11.2024 Internet : Yes / No mm 3/4

K.KUMARESH BABU, J.

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