Madras High CourtWP(MD)/14454/2024disposed of

Shridevi Rajeev Warrier v. The Madurai Corporation

2024-09-25Honourable Mr Justice Mohammed Shaffiq4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 25.09.2024

CORAM

THE HONOURABLE MR.JUSTICE MOHAMMED SHAFFIQ and W.M.P(MD)No.12686 of 2024 1.Shridevi Rajeev Warrier 2.Dinesh R Varier 3.Dileep R Varier 4.Gokulnath ... Petitioners Vs.

The Madurai Corporation, Represented by its Assistant Commissioner, West Zone-5, Corporation Building, Madurai-05.

... Respondent Prayer : Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Certiorarified Mandamus, calling for the records relating to the impugned order made by the respondent in Z5B3/007801/2023, dated 03.05.2024 and quash the same as illegal and consequently direct the respondent to tranfer the property tax assessment in respect of the property tax assessment number 115/093/900053 in favour of the petitioners within the time that may be stipulated by this Court and pass such further or other orders as this Court.

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For Petitioners : Mr.M.Mahaboob Athiff For Respondent : Mr.F.Deepak Standing Counsel

ORDER

The present writ petition has been filed challenging the order, dated 03.05.2024.

2. It is submitted by the learned Counsel for the petitioner that a request was made to transfer the property tax assessment from the name of Dr.P.V.Raghava Varier to that of Dinesh R Varrier and others. However, the same was rejected on the premise that the Will that was annexed has not been registered.

3. It is further submitted by the learned Counsel for the petitioner that subsequent to the passing of the impugned order, revenue records have been mutated in the name of the petitioners. The learned Standing Counsel for the respondent would submit that the petitioners may produce the said record and the respondent authority would consider and mutate the tax records transferring the property tax assessment from the name of Dr.P.V.Raghava Varier to Dinesh R Varrier and other petitioners in accordance with law. 2/4

4. Recording the same, the impugned order is set aside. The petitioners may produce the relevant records before the respondent authority within a period of three weeks from the date of receipt of a copy of this order. On producing such records, the respondent authority shall consider the request of mutations of records on merits and in accordance with law after affording reasonable opportunity of hearing to the petitioner and other interested parties / stakeholder, within a period of three (3) weeks thereafter. The writ petition stands disposed of. There shall be no order as to costs. Consequently, connected Miscellaneous Petitions stand closed. 25.09.2024 NCC : Yes / No Index : Yes / No Internet : Yes BTR To The Assistant Commissioner, Madurai Corporation, West Zone-5, Corporation Building, Madurai-05.

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MOHAMMED SHAFFIQ , J.

BTR 25.09.2024 4/4