B Ghalib Pasha v. The Commissioner

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 24.02.2025

CORAM:

THE HONOURABLE MR.JUSTICE VIVEK KUMAR SINGH B.Ghalib Pasha ... Petitioner -vs1.The Commissioner, Tiruchirappalli Corporation, Tiruchirappalli.

2.The Assistant Commissioner, Zonal Office-1, Tiruchirappalli Corporation, Tiruchirappalli.

3.Abdul Mujir 4.Abdul Hati ... Respondents PRAYER:- Writ Petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing the respondents 1 and 2 to transfer the property tax and water connection in the petitioner name in respect of the house property in Door No.59, Jabarsha Street, Diamond Bazar, Tiruchirappalli, Tiruchirappalli District, by considering the petitioner's representation dated 11.09.2023.

For Petitioner : Mr.S.Ramasamy For R1 and R2 : Mr.J.Sriprasath for M/s.R.B.Law Associates

ORDER

This Writ Petition has been filed seeking a direction to the respondents 1 and 2 to transfer the property tax and water connection in the petitioner's name in respect of the house property in Door No.59, Jabarsha Street, Diamond Bazar, Tiruchirappalli, Tiruchirappalli District, by considering the petitioner's representation dated 11.09.2023.

2. With the consent of both sides, this Writ Petition is disposed of, at the admission stage itself.

3. Since no adverse orders are going to be passed against the respondents 3 and 4, notice to the respondents 3 and 4 is hereby dispensed with.

4. According to the petitioner, the property in question was allotted to him and he has been in possession and enjoyment of it without any disturbance. However, by mistake, the property tax receipt and water connection were issued

in the name of one Late Abdul Waheeth, who is the father of the respondents 3 and 4. Hence, the petitioner submitted an application to the first respondent, requesting the transfer of the property tax and water connection to his name, along with necessary fee. However, the said request has not been considered so far, prompting the petitioner to file the present Writ Petition.

5. Heard the learned counsel appearing for the parties.

6. Considering the aforementioned facts and circumstances, this Court directs the respondents 1 and 2 to issue fresh notice to the petitioner, as well as the respondents 3 and 4, preferably, within one month from the date of receipt of a copy of this order. Thereafter, they shall pass appropriate orders on merits and in accordance with law, after providing due opportunity to the petitioner, the respondents 3 and 4 and all other persons, who may be interested in the subject matter, within two months from the date of issuance of the fresh notice. It is also made clear that this Court has not expressed any of its views with regard to the merits of the matter and that it is open to the concerned respondents to consider the same on its own merits.

7. With the above direction, the Writ Petition stands disposed of. There shall be no order as to costs.

NCC : Yes / No 24.02.2025 Index : Yes / No smn2 To:- 1.The Commissioner, Tiruchirappalli Corporation, Tiruchirappalli.

2.The Assistant Commissioner, Zonal Office-1, Tiruchirappalli Corporation, Tiruchirappalli.

VIVEK KUMAR SINGH , J.

smn2 24.02.2025