Madras High CourtWP(MD)/13004/2018disposed of

S.Ravindran, v. The Commissioner,

2018-06-19Honourable Mr Justice M. Govindaraj2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 19.06.2018

CORAM:

THE HONOURABLE MR.JUSTICE M.GOVINDARAJ W.P.(MD)No.13004 of 2018 S.Ravindran : Petitioner Vs.

1. The Commissioner, Madurai Corporation, Madurai.

2. The Assistant Commissioner, Zone No.4, Madurai Corporation, Madurai.

: Respondents PRAYER: Writ Petition is filed under Article 226 of the Constitution of India praying for issuance of a Writ of Mandamus, directing the respondents herein to change the House Tax Assessment in the petitioner name and to receive the House Tax and Drainage Tax for the petitioner's property situated in Door No.65, New No.76, Mela Avani Mulaveethi, Ward No.83, Zone No.IV, Madurai, based on the petitioner's representation dated 27.04.2018. For Petitioner : Mr.S.M.Mohan Gandhi For Respondents : Mr.J.Gunaseelan Muthaiah, ******

ORDER

The Writ Petition is for consideration of the representation made by the petitioner dated 27.04.2018 for transfer of name in respect of the house tax assessment of his property. Originally, the petitioner purchased the property by way of a registered sale deed bearing Registration No.293 of 1983, dated 24.01.1983. Pursuant to that, his property was assessed to tax by the respondents. Later, one Shanmugavelayutham Pillai and Nataraja Pillai filed a suit for declaring the property as a Public Trust. On 26.10.2009, the suit was dismissed for default and for not carrying out the amendment. From 2009 onwards, no action was taken by the said Nataraja Pillai. The petitioner has sought for transfer of assessment in his name, as the decree passed by the Trial Court has become final. He has also made a representation on 27.04.2018 for the same purpose. Since no action was taken on the side of the respondents, the petitioner is before this Court with the present Writ Petition.

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2. Heard the learned counsel for the petitioner and the learned Standing Counsel appearing for the respondents.

3. Considering the facts and circumstances of the case and also the limited prayer sought for by the petitioner, a direction is issued to the first respondent to consider the representation made by the petitioner dated 27.04.2018 and pass appropriate orders on merits and in accordance with law, after hearing all the parties concerned, within a period of six weeks from the date of receipt of a copy of this order.

4. The Writ Petition is disposed of with the above direction. No costs.

Sd/- Assistant Registrar(CS-II) /True Copy/ Sub Assistant Registrar +1cc to Mr.J.Gunaseelan Muthaiah, Advocate Sr.No.68609 +1cc to Mr.S.M.Mohan Gandhi, Advocate Sr.No.68710 SML VB/SB/SAR2/06.07.2018/2P/3C Order made in W.P.(MD)No.13004 of 2018 Dated: 19.06.2018 https://hcservices.ecourts.gov.in/hcservices/