S. Periyasamy, v. T. Ayyanar,

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 10.09.2018

CORAM:

THE HONOURABLE MRS.JUSTICE PUSHPA SATHYANARAYANA AND THE HONOURABLE MRS.JUSTICE T.KRISHNAVALLI W.A(MD)No.39 of 2014 and M.P(MD)No.1 of 2014 S.Periyasamy ... Appellant/Third Party Vs.

1. T.Ayyanar ... 1st Respondent/Petitioner

2. The Collector, Virudhunagar District, Virudhunagar.

3. The Commissioner, Aruppukkottai Municipality, Aruppukkottai, Virudhunagar District.

... Respondents 2 &3/ Respondents 1 & 2 Prayer: Writ Appeal filed under Clause 15 of the Letters Patent against the order, dated 06.11.2013 made in W.P(MD)No.17959 of 2013, on the file of this Court Prayer in WP(MD)NO. 17959 OF2013 :

Writ Petition is filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus directing the 2nd respondent to consider the petitioners representation dated 1.7.2013 and further direct him to transfer the house tax receipt from Paramasivams name to petitioners name to the house property in Virudhunagar District, Aruppukkottai Town, Block -IV, DS No.231, Chinnapuliyampatti 3rd street at Door No.22 A. For Appellant : Mr.M.Thirunavukkarasu For R - 1 : No appearance For R - 2 : Mrs.J.Padmaavathi Devi, Special Government Pleader.

For R - 3 : Mr.N.Dilip Kumar

JUDGMENT

(Judgment of the Court was delivered by PUSHPA SATHYANARAYANA,J.) This writ appeal is preferred by the third party, who is not a party to the writ proceedings in W.P(MD)No.17959 of 2013.

2. The Writ Petition was originally filed by the first respondent/writ petitioner claiming that he had purchased the property in dispute from one Paramasivam on 04.08.2009 and he had preferred an appeal before the third respondent on 01.07.2013 to transfer the house tax receipts from his vendor's name to his name. His vendor also had given consent for the same. As there was no response on the side of the respondents, a Writ of Mandamus is filed directing the third respondent to consider the representation of the writ petitioner, dated 01.07.2013 for effecting transfer of the house tax receipts from his vendorParamasivam's name to his name.

3. It is the case of the appellant/third party that the property in dispute belongs to Weavers Colony Maintenance Committee and the first respondent/writ petitioner had obtained an order from this Court, directing the third respondent to transfer the house tax receipts from the vendor's name to the first respondent's name, without mentioning any notice to the actual owners of the property. It is also pointed out that a suit in O.S.No.123 of 2011 on the file of the District Munsif Court, Arupukkotai, has been filed by the appellant/third party and others against the first respondent/writ petitioner and his vendor seeking cancellation of the sale deed, dated 04.08.2009.

4. The learned counsel appearing for the appellant/third party submitted that as the question of title to the property in question can only be decided before the Civil Court, the only remedy available to them is to approach the competent Civil Court. 5.Heard the submissions made on either side and perused the materials available on record.

6. As the question of title can only be decided in the civil Court, which has been rightly pointed out by the appellant/third party, the respondents 2 and 3 are directed not to proceed further in transferring the house tax receipts, as ordered in the Writ Petition. In short, the order passed in the Writ Petition is set aside and the respondents 2 and 3 are directed to await for the outcome of the decision of the suit, based on which, the name transfers can be made.

7. With the above observations, the Writ Appeal is disposed of. No costs. Consequently, connected Miscellaneous Petition is closed.

Sd/- Assistant Registrar(CS-I) /True Copy/ Sub Assistant Registrar(CS-IV)

To

1. The Collector, Virudhunagar District, Virudhunagar.

2. The Commissioner, Aruppukkottai Municipality, Aruppukkottai, Virudhunagar District.

+1cc to Mr.M.Thirunavukkarasu, Advocate Sr.No.83317 +1cc to Mr.N.Dilip Kumar, Advocate Sr.No.83621 PS VB/RSK/SAR410.10.2018/3P/5C W.A(MD)No.39 of 2014 10.09.2018