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Madras High CourtWP(MD)/17318/2023disposed of

Angayarkanni v. The Commissioner

2023-07-19Honourable Mrs Justice S.Srimathy4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 19.07.2023

CORAM

THE HONOURABLE MRS.JUSTICE S.SRIMATHY Angayarkanni ... Petitioner Vs.

1.The Commissioner, Karur Municipal Corporation, Karur - 1.

2.K.Balasubramanian ... Respondents Prayer : Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus, directing the first respondent to transfer the property tax from the name of K.Balasubramanian to the name of K.Angayarkanni, the petitioner herein by considering the representation of the petitioner dated 20.03.2023 within a time frame fixed by this Court. For Petitioner : Mr.P.Paranthaman For R-1 : Mr.K.Balasubramani, Standing Counsel.

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ORDER

The petitioner herein had submitted a representation to the first respondent on 20.03.2023 to transfer the property tax from the name of second respondent/K.Balasubramanian to the name of the petitioner/K.Angayarkanni. The second respondent is the father-in-law of the petitioner. Since the said representation was not considered, the present writ petition has been filed.

2. The contention of the petitioner is that a suit for partition in O.S.No.232 of 1991 on the file of the Sub Court, Karur was filed and in I.A. No 63 of 2000, final decree was passed on 28.02.2002. Aggrieved over, the respondent had preferred appeal in A.S.No.64 of 2003 on the file of the District Court, Karur and the same is confirmed. In the partition, the petitioner has received her share of the property comprised in Survey No.223 to an extent of 71⁄2 cents. Since the property tax stands in the name of the second respondent, the petitioner seeks to transfer the property in her name.

3. Therefore, this Court directs the 1st respondent to consider the petitioner's representation dated 20.03.2023 in the light of judgment stated supra within a period of eight (8) weeks from the date of receipt of a copy of this order.

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4. With the above direction, this Writ Petition is disposed of. There shall be no order as to costs.

19.07.2023 NCC : Yes/No Index : Yes / No Internet : Yes/ No Nsr Note: Issue Order Copy on 21.07.2023.

To The Commissioner, Karur Municipal Corporation, Karur - 1.

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S.SRIMATHY, J.

Nsr 19.07.2023 4/4