Madras High CourtWP(MD)/15875/2020disposed of

Mrs.Jayamani v. The Municipal Commissioner

2020-11-30Honourable Mr Justice Abdul Quddhose2 pages

W.P.(MD)No.15875 of 2020 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 30.11.2020

CORAM

THE HONOURABLE MR.JUSTICE ABDUL QUDDHOSE W.P.(MD)No.15875 of 2020 Jayamani : Petitioner Vs.

The Municipal Commissioner, Municipal Commissioner Office, Pudukottai Town and District.

: Respondent PRAYER:- Petition filed under Article 226 of the Constitution of India seeking a Writ of Mandamus, directing the respondent to collect the necessary charges and issue a house tax receipt separately to the petitioner and her sons for the houses and shops built in Plot Nos.9 and 10 in New Survey No.160/1, to the extent of 7514 square feet situated at No.3636, Ashok Nagar, Pudukottai Town, Taluk and District based on the petitioner's representation dated 13.08.2020.

For Petitioner :Mr.V.Selva Kumar for Mr.C.Nagamuthu For Respondent :Mr.P.Mahendran Standing Counsel

ORDER

This Writ Petition has been filed for a Mandamus seeking for a direction to the respondent to collect the necessary charges and issue a house tax receipt separately in the name of the petitioner and her sons names for the houses and shops built in Plot Nos.9 and 10 in New Survey No.160/1, measuring to an extent of 7514 square feet situated at No.3636, Ashoke Nagar, Pudukottai Town, Taluk and District, based on the petitioner's representation dated 13.08.2020.

2. Heard Mr.V.Selva Kumar, learned Counsel for the petitioner and Mr.P.Mahendran, learned Standing counsel for the respondent.

3. As seen from the affidavit filed in support of the Writ Petition, there seems to be some disputes amongst the petitioner and her family members. It is the case of the petitioner that she gave a representation to the respondent on 13.08.2020 to issue separate https://hcservices.ecourts.gov.in/hcservices/ 1/2

W.P.(MD)No.15875 of 2020 house tax receipts in her name and her sons names namely, A). Elizharasan, B).Senthildurai and C).Arjunan, for her houses and shops, which are situated at Plot Nos.9 and 10 in New Survey No.160/1, measuring to an extent of 7514 square feet, situated at No.3636, Ashoke Nagar, Pudukottai Town, Taluk and District. It is the case of the petitioner that till date her representation dated 13.08.2020 has not been considered by the respondent. In such circumstances, this Writ Petition has been filed.

4. The relief sought for in this Writ Petition is an innocuous relief. No prejudice will be caused to the respondent, if the representation of the petitioner seeking for seperate house tax receipts in her name and her sons names is considered by the respondent on merits and in accordance with law.

5. For the foregoing reasons, this Court directs the respondent to consider the petitioner's representation dated 13.08.2020 seeking for issuance of house tax receipts separately in her name and her sons names for houses and shops built in Plot Nos.9 and 10 in New Survey No.160/1, measuring to an extent of 7514 square feet, situated at No.3636, Ashoke Nagar, Pudukottai Town, Taluk and District and pass final orders on merits and in accordance with law, after hearing the necessary parties which includes the persons mentioned in the affidavit filed in support of this Writ Petiton, within a period of twelve weeks from the date of receipt of a copy of this order.

6. With the aforesaid direction, this Writ Petition stands disposed of. No costs.

Sd/- Assistant Registrar (P&A) // True Copy // / /2020 Sub Assistant Registrar(CS) tsg To The Municipal Commissioner, Municipal Commissioner Office, Pudukottao Town and District.

W.P.(MD)No.15875 of 2020 30.11.2020 VR(CO) CS(11.12.2020) 2P 2C https://hcservices.ecourts.gov.in/hcservices/ 2/2