Madras High CourtWP(MD)/6549/2017disposed of

M.Arun, v. The Executive Officer,

2017-08-01Honourable Mr Justice R. Mahadevan2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 01.08.2017

CORAM:

THE HONOURABLE MR.JUSTICE R.MAHADEVAN W.P(MD)No.6549 of 2017 M.Arun .. Petitioner Vs.

The Executive Officer, Ayyampalayam Selection Grade Panchayat, Ayyampalayam, Aathoor Taluk, Dindigul District. .. Respondent PRAYER: Writ Petition is filed under Article 226 of the Constitution of India praying for the issuance of a Writ of Mandamus directing the respondent to dispose the petitioner's representation dated 23.02.2017 within the time limit that may be stipulated by this High Court and consequently to direct the respondent to inflict the property tax and water tax in the name of the petitioner viz., M.Arun in respect of the petitioner's property situating in Door.No.8-1-2 in Survey No.1006, Ayyampalayam Village, Aathoor Taluk, Dindigul District.

For Petitioner : Mr.M.S.Jeyakarthik For Respondent : Mr.S.Kumar, Additional Government Pleader.

ORDER

This writ petition is filed seeking a writ of Mandamus to direct the respondent to transfer property tax and water tax in the name of the petitioner in respect of his property bearing Door.No. 8-1-2, situates in Survey No.1006, Ayyampalayam Village, Aathoor Taluk, Dindigul District, based on the petitioner's representation, dated 23.02.2017, within the time stipulated by this Court. 2.The case of the petitioner is that the petitioner is the owner of the property bearing Door.No.8-1-2, situates in Survey No. 1006, Ayyampalayam Village, Aathoor Taluk, Dindigul District, pursuant to the gift deed executed by his mother, dated 28.03.2014. Thereafter, his mother, due to the advice of his relative, cancelled the said deed.

According to the petitioner, against the said cancellation, he filed a suit before the Additional District Munsif Court, Dindigul and he got a decree in his favour. On 23.02.2017, he made a representation to the respondent seeking to transfer property tax and water tax in his name in respect of the above said property. Since, the same was unattended, the petitioner is before this Court.

https://hcservices.ecourts.gov.in/hcservices/ 3.Heard both sides.

4.The learned counsel for the petitioner would submit that all the required documents including revenue records had already been submitted to the respondent for consideration. He would further submit that it would be suffice, if the representation of the petitioner dated 23.02.2017, is disposed of by the respondent as per law.

5.Considering the limited scope of the relief sought for, this Court, without going into the merits of the petitioner's claim, directs the respondent to consider the representation of the petitioner dated 23.02.2017, and pass appropriate orders on its own merit and in accordance with law, after affording due opportunity of hearing to the petitioner, within a period of six weeks from the date of receipt of a copy of this order. If any third party will be affected by the nature of the relief sought for by the petitioner or by any order to be passed, the authority shall hear such person to avoid the allegations of violation of principles of natural justice. 6.The writ petition is disposed of as above. No costs.

Sd/- Assistant Registrar (P&A) /True copy/ Sub Assistant Registrar To The Executive Officer, Ayyampalayam Selection Grade Panchayat, Ayyampalayam, Aathoor Taluk, Dindigul District. +1cc to Mr.M.S. Jeyakarthik, Advocate, SR.69226 +1cc to M/S.Special Government Pleader,SR.70193 W.P(MD)No.6549 of 2017 01.08.2017 SMN KK/SKN RSK/SAR1/10.08.2017/ 2P- 4C/ https://hcservices.ecourts.gov.