Madras High CourtWP(MD)/16207/2025disposed of

Maboob Basha A v. The Commissioner

2025-06-17Honourable Mr Justice C. Saravanan4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 17.06.2025

CORAM

THE HONOURABLE MR.JUSTICE C.SARAVANAN and W.M.P(MD)No.12306 of 2025 A.Maboob Basha ... Petitioner Vs.

1.The Commissioner, Madurai Corporation, Madurai.

2.The Assistant Commissioner, Zone III (Central), Madurai Corporation, Madurai - 625 001.

...Respondents

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 passed by the second respondent in his proceeding in Na.Ka.No.Ma3/B1/L1/014796/2024 dated 05.04.2025 and quash the same and consequently direct the respondents to issue Property Tax and Drainage Tax to the petitioner and his sister for his house property to an extent of 300 Sq. ft. in TS No.1581/1A1, Door No.3, Old Ward No.5, New Ward No.61, Anasari Nagar 4th Street, Mahaboobpalayam, Madurai City. 1/4

For Petitioner : Mr.K.Guhan For Respondent : Mr.S.Vidhya Sagar Standing Counsel

ORDER

This writ petition has been filed challenging the impugned order, dated 05.04.2025 passed by the second respondent and consequently direct the respondents to issue Property Tax and Drainage Tax to the petitioner and his sister for the house property to an extent of 300 Sq. ft. in TS No.1581/1A1, Door No.3, Old Ward No.5, New Ward No.61, Anasari Nagar 4th Street, Mahaboobpalayam, Madurai City.

2. It is noticed that there are two different Encumbrance Certificates. One produced by the petitioner indicating that the property in question is not encumbered and the other produced before this Court by the respondents indicating that the property is encumbered and presently stands in the name of Mahaboobpalayam Pallivasal, Madurai.

3. Therefore, the impugned order of the second respondent cannot be quashed. However, there shall be a direction to the second respondent to reconsider the request of the petitioner after due notice to the 2/4

Mahaboobpalayam Pallivasal, Madurai and thereafter pass appropriate orders on merits as expeditiously as possible preferably within a period of six weeks from the date of receipt of a copy of this order.

4. The writ petition stands disposed of. There shall be no order as to costs. Consequently, the connected miscellaneous petition is closed. 17.06.2025 NCC : Yes / No Index : Yes / No Internet : Yes / No sn To 1.The Commissioner, Madurai Corporation, Madurai.

2.The Assistant Commissioner, Zone III (Central), Madurai Corporation, Madurai - 625 001.

3/4

C.SARAVANAN, J.

sn 17.06.2025 4/4