Madras High CourtWP(MD)/11178/2017disposed of

Siva, W/O. Mallikarjuna, v. The District Collector,

2017-06-16Honourable Mr Justice R. Subramanian2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED 16.06.2017

CORAM

THE HONOURABLE MR.JUSTICE R.SUBRAMANIAN W.P(MD)No.11178 of 2017 Siva .. Petitioner Vs

1. The District Collector, District Collector Office, Theni.

2. The Executive Officer, Odaipatti Town Panchayat Office, Odaipatti, Uthamapalayam Taluk, Theni District.

.. Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus directing the respondents to transfer the House Tax to the Petitioner's name in respect of the property in Door No.73/152 in Village S.F.No.253/1, Plot No.5, measuring an extent of 3 cents situate in Odaipatti Village, Uthamapalayam Taluk, Theni District by considering the Petitioner's representation dated 15.4.2017. For Petitioner :M/s.R.Manoharan For Respondents :Mr.D.Muruganandam Addl.Govt.Pleader

ORDER

This Writ Petition has been filed seeking for issuance of a Writ of Mandamus directing the respondents to transfer the House Tax to the Petitioner's name in respect of the property in Door No.73/152 in Village S.F.No.253/1, Plot No.5, measuring an extent of 3 cents situate in Odaipatti Village, Uthamapalayam Taluk, Theni District by considering the Petitioner's representation, dated 15.4.2017.

2.Mr.D.Muruganandam, learned Additional Government Pleader takes notice for the respondents.

3.By consent of both parties, the main Writ Petition is taken up for disposal, at the admission stage itself. https://hcservices.ecourts.gov.in/hcservices/ 4.Originally the house in S.F.No.253/1, Plot No.5, measuring an extent of three cents was assigned to the Petitioner's mother

on 25.8.1998 and his mother, the then Kalyanalakshmi executed a Will in respect of the house property in favour of the Petitioner. After the demise of his mother, the Petitioner was in possession and enjoyment of the above property. Hence the Petitioner has given a representation on 15.4.2017 to transfer the house-tax in his name. Since the same was not considered so far, the Petitioner has come forward with the present Writ Petition for the relief stated supra.

5.Considering the submission made by the learned counsel for the Petitioner, without going into the merits of the case, this Court directs the respondents to consider the representation of the Petitioner, dated 15.4.2017 on merits and in accordance with law and pass suitable orders on the same, after giving notice to the Petitioner and other interested parties, if any, within a period of eight weeks from the date of receipt of a copy of this order 6.With the above direction, the Writ Petition stands disposed of. No costs.

Sd/- Assistant Registrar (CO) /True copy/ Sub Assistant Registrar To:

1. The District Collector, District Collector Office, Theni.

2. The Executive Officer, Odaipatti Town Panchayat Office, Odaipatti, Uthamapalayam Taluk, Theni District.

+1 CC to M/s.R.MANOHARAN, Advocate, SR No. 60520 +1 CC to THE SPECIAL GOVERNMENT PLEADER, SR No. 60600 VSN PSM/JC/SAR1/22.06.2017/2P/5C W.P(MD)No.11178 of 2017 16.06.2017 https://hcservices.ecourts.gov.in/hcservices/