Madras High CourtWP(MD)/3478/2016disposed of

U.Selva @ Selvanayagam v. The Executive Officer

2017-07-31Honourable Mr Justice R. Mahadevan2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 31.07.2017

CORAM:

THE HONOURABLE MR.JUSTICE R.MAHADEVAN W.P(MD)No.3478 of 2016 U.Selva @ Selvanayagam .. Petitioner Vs.

The Executive Officer, Abiramam Town Panchayat, Abiramam, Ramanathapuram 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 fix the property tax in the name of the petitioner in view of the representation dated 03.11.2014.

For Petitioner : Mr.D.Senthil For Respondent : Mr.M.Rajarajan

ORDER

This writ petition is filed seeking a writ of Mandamus to direct the respondent to transfer the property tax in the name of the petitioner in respect of the house bearing Door No.5/83, Ward No.5, Abiramam Town, Kamuthi Taluk, Ramanathapuram District, based on the petitioner's representation dated 03.11.2014. 2.The case of the petitioner is that his father executed a Will dated 20.02.1996 in favour of the petitioner, in respect of the house bearing Door No.5/83, Ward No.5, Abiramam Town, Kamuthi Taluk, Ramanathapuram District. After his demise, he approached the respondent seeking to transfer the property tax in his name, by giving a representation, dated 03.11.2014. Since, the same has not been considered, the petitioner is before this Court. 3.The learned counsel appearing for the respondent, on instructions, would submit that there are rival claims. https://hcservices.ecourts.gov.in/hcservices/ 4.Considering the submission made on the side of the respondent, this Court, without going into the merits of the

petitioner's claim, directs the respondent to consider the representation of the petitioner dated 03.11.2014, 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. 5.The writ petition is disposed of as above. No costs. Sd/- Assistant Registrar(AE) /True Copy/ Sub Assistant Registrar To The Executive Officer, Abiramam Town Panchayat, Abiramam, Ramanathapuram District.

+1cc to Mr.D.Senthil, Advocate in SR.No.68821 smn AE/JC/SAR2/08.08.2017/2P/3C ORDER MADE IN W.P(MD)No.3478 of 2016 31.07.2017 https://hcservices.ecourts.gov.in/hcservices/