Mahan @ Mahalakshmi, v. The Block Development Officer

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 21.11.2017

CORAM

THE HONOURABLE MR.JUSTICE R.MAHADEVAN W.P(MD) No.21400 of 2017 Mahan @ Mahalakshmi ... Petitioner vs.

1.The Block Development Officer, Village Panchayath Kodaikanal Union, Kodaikanal, Dindigul District.

2.The Executive Officer, Kumbaraiur Panchayat, Kumbaraiur, Kodaikanal Taluk, Dindigul District.

3.Rani ... Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India praying to issue a writ of Mandamus directing the 1st respondent to direct the 2nd respondent to change property tax assessment for the properties in Door No.2/132 at Kumbaraiyur, Kodaikanal Taluk, Dindigul District from the name of the third respondent to the petitioner's name in view of the decree passed in O.S.No.17/2001 dated 11.10.2013 by considering the petitioner's representation dated 02.01.2016 within the period stipulated by this Court.

For Petitioner : Mr.A.Haja Mohideen For R - 1 : Mr.M.Alagathevan Special Government Pleader For R - 2 : Mr.M.Rajarajan

O R D E R

This writ petition has been filed, seeking a direction to the second respondent to change property tax assessment for the properties in Door No.2/132 at Kumbaraiyur, Kodaikanal Taluk, Dindigul District, from the name of the third respondent to the petitioner's name, in view of the decree passed in O.S.No.17 of 2001 dated 11.10.2013, by considering the petitioner's representation dated 02.01.2016.

2.Heard the learned counsel appearing for the petitioner, the learned Special Government Pleader for the first respondent and the https://hcservices.ecourts.gov.in/hcservices/

learned counsel for the second respondent. By consent, this writ petition itself is taken up for final disposal at the stage of admission.

3.The case of the petitioner is that the third respondent, by suppressing the decree passed in favour of the petitioner in O.S.No.17 of 2001 dated 11.10.2013, got the property tax assessment changed in her name with regard to the property of the petitioner. Hence, the petitioner has submitted a representation dated 02.01.2016 before the respondents 1 and 2, requesting to change property tax assessment from the name of the third respondent to the petitioner's name. Since the same has not been considered so far, the petitioner is before this Court with the above said prayer. 4.The learned Additional Government Pleader appearing for the first respondent and the learned counsel for the second respondent would submit that if a reasonable time is granted to the respondents 1 and 2, the representation of the petitioner will be considered and suitable orders will be passed.

5.In view of the said submission, this Court, without going into the merits of the matter, directs the petitioner to produce all the required documentary evidence as well as copy of the decree passed in the said suit and on such production, the respondents 1 and 2 shall consider the representation of the petitioner dated 02.01.2016 and pass appropriate orders thereon on merits and in accordance with law, within a period of eight weeks from the date of receipt of a copy of this order, after giving due opportunity of hearing to the petitioner as well as any of the interested parties. 6.With the above direction, this writ petition is disposed of. No costs.

Sd/- Assistant Registrar(CSI) /True Copy/ Sub-Assistant Registrar To 1.The Block Development Officer, Village Panchayath Kodaikanal Union, Kodaikanal, Dindigul District.

2.The Executive Officer, Kumbaraiur Panchayat, Kumbaraiur, Kodaikanal Taluk, Dindigul District.

+One cc to Mr.A.Haja Mohideen, Advocate, SR.No.88447 mj RL/4C/2P/KK/SAR1/11/12/2017 W.P(MD) No.21400 of 2017 https://hcservices.ecourts.gov.in/hcservices/ 21.11.2017