Madras High CourtWP(MD)/8362/2017disposed of

Sankareshwari Through Power v. The District Collector

2017-10-24Honourable Mr Justice R. Mahadevan2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED :24.10.2017

CORAM:

THE HONOURABLE MR.JUSTICE R.MAHADEVAN W.P(MD)No.8362 of 2017 Sankareshwari through power agent Murugan, .. Petitioner Vs.

1.The District Collector, Thoothukudi District, Thoothukudi.

2.The Block Development Officer, Srivaikundam Union, Thoothukudi District.

3.The Executive Officer, Umarikadu Village Panchayat, Srivaikundam Union, Thoothukudi District.

.. Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India, praying for issuance of a Writ of Mandamus, directing the respondents No.2 and 3 to change the name in his wife with regard to property tax as well as water tax to the house plot No.53, in survey No.677/9 to the extent of 1137 Sq.Ft at Korkai Village, Srivaikundam Taluk, Thoothukudi District by considering his representation dated 18.03.2017.

For Petitioner : Mr.A.Robinson For Respondent -1 : Mr.J.Gunaseelan Muthiah Government Advocate For Respondents - 2 & 3 :Mr.G.Muthukannan Government Advocate

ORDER

This writ petition has been filed seeking a Writ of Mandamus, directing the second and third respondents to change the name with regard to property and water tax to the house plot No.53, at Korkai Village, Srivaikundam Taluk, Thoothukudi District by considering his representation dated 18.03.2017. https://hcservices.ecourts.gov.in/hcservices/

2. Heard the learned Counsel appearing on either side.

3. According to the petitioner, his father executed a settlement deed in respect of the subject mentioned property, in favour of his younger brother, which was subsequently cancelled. Thereafter, his father executed a sale deed in his favour on 26.12.2012, who in turn executed a settlement deed in favour of his wife namely Sangareshwari on 30.05.2016. On coming to know that the records relating to property tax and water tax stand in the name of his younger brother, the petitioner on behalf of his wife sent representation to the respondents requesting to change the name in the records. As no action has been taken on his representation by the respondent, the petitioner is before this Court, with the aforesaid prayer.

4. Though the prayer in this writ petition is for a larger relief, the learned Counsel for the petitioner now confines his prayer to the effect that it would be suffice if the representation of the petitioner is disposed of by the authorities, in the manner known to law.

5. Considering the limited scope of the relief sought for, this Court, without going into the merits of the case, directs the second and third respondents to consider the representation of the petitioner dated 18.03.2017 on merits and in accordance with law, after affording due opportunity to the petitioner and also to the interested parties, if any and pass necessary orders within a period of six weeks from the date of receipt of a copy of this order.

6. With the above direction this writ petition is disposed of. No costs.

Sd/- Assistant Registrar(P&A) /True Copy/ Sub Assistant Registrar To 1.The District Collector,Thoothukudi District,Thoothukudi. 2.The Block Development Officer, Srivaikundam Union,Thoothukudi District.

3.The Executive Officer, Umarikadu Village Panchayat, Srivaikundam Union,Thoothukudi District.

+1cc to M/S.A.ROBINSON, Advocate SR.No.83362 +1cc to Special Government Pleader, SR.No. 83843 gk MAS/SV-MMS/SAR2:02.11.2017:2P-6C ORDER MADE IN W.P(MD)No.8362 of 2017 24.10.2017 https://hcservices.ecourts.gov.in/hcservices/