Madras High CourtWP(MD)/2743/2022disposed of

Ravi .T v. The Assistant Commissioner

2022-02-10Honourable Mr Justice Abdul Quddhose2 pages

W.P.(MD)No.2743 of 2022 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 10.02.2022

CORAM

THE HONOURABLE MR.JUSTICE ABDUL QUDDHOSE W.P.(MD)No.2743 of 2022 T.Ravi ... Petitioner vs.

The Assistant Commissioner, Office of the Commissioner of Madurai Corporation, Zone-1, Madurai Corporation, Madurai.

... Respondent PRAYER: Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Mandamus, to direct the respondent to issue property tax receipt in the name of the petitioner in respect of his house in Door No.12, Town Survey No.1774 situated at Bhagathsing Street, Kulamangalam Road, Sellur, Madurai Corporation, by changing the name in the property tax register. For Petitioner :Mr.SP.Vijay Nivas For Respondent :Mrs.S.Devasena *****

O R D E R

This Writ Petition has been filed for a Mandamus seeking for a direction to the respondents to issue property tax receipts in the name of the petitioner in respect of his house bearing Door No.12, Town Survey No.1774 situated at Bhagathsing Street, Kulamangalam Road, Sellur, Madurai Corporation, by changing the name in the property tax register based on the petitioner's representation, dated 28.12.2021 and pass appropriate orders within a time frame to be fixed by this Court.

2.Heard Mr.SP.Vijay Nivas, learned Counsel for the petitioner and Mrs.S.Devasena, learned Standing Counsel, who takes notice on behalf of the respondents. By consent of both parties, this Writ Petition is taken up for final disposal at the admission stage itself.

3.The petitioner claims that he is the absolute owner of the aforementioned property. He states that despite producing all the necessary documents, the respondents have issued property tax receipts in the name of his relative, who is no way connected with the subject property. In such circumstances, he has given a representation on 28.12.2021 to the respondents calling upon them to issue property tax receipts in his name in future. However, since the representation has not been considered, he has approached this Court.

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W.P.(MD)No.2743 of 2022 4.The relief sought for by the petitioner is an innocuous one. No prejudice would be caused to the respondents, if the petitioner's representation seeking for issuance of property tax receipts in his name in place of his relative for the aforementioned property, is considered on merits and in accordance with law after hearing the petitioner as well as any other person, who is having claim over the very same property, including the person in whose name, earlier the respondents had issued property tax receipts. 5.Accordingly, this Court directs the respondents to consider the representation of the petitioner, dated 28.12.2021 seeking for issuance of property tax receipts in his name in respect of his house bearing Door No.12, Town Survey No.

1774 situated at Bhagathsing Street, Kulamangalam Road, Sellur, Madurai Corporation, by changing the name in the property tax register and pass final orders on merits and in accordance with law after hearing the petitioner as well as any other necessary parties including the person in whose name, earlier the respondents had issued property tax receipts, within a period of twelve weeks from the date of receipt of a copy of this order.

6.With the above observations, this Writ Petition is disposed of. No costs.

Sd/- Assistant Registrar (AE) // True Copy // / /2022 Sub Assistant Registrar(CS) cmr TO:

The Assistant Commissioner, Office of the Commissioner of Madurai Corporation, Zone-1, Madurai Corporation, Madurai.

+1 CC to M/s.S.P.VIJAY NIVAS, Advocate (SR-5624[F] dated 11/02/2022) Order made in W.P.(MD)No.2743 of 2022 10.02.2022 SB(CO) GC(22.02.2022) 2P 3C https://hcservices.ecourts.gov.in/hcservices/ 2/2