Madras High CourtWP(MD)/9365/2018allowed

R.Balamurugan v. The Commissioner

2025-09-16Honourable Ms. Justice P.T. Asha4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 16-09-2025

CORAM

THE HONOURABLE MS. JUSTICE P.T. ASHA WP(MD) No. 9365 of 2018 and W.M.P(MD).No.8646 of 2018 R.Balamurugan ... Petitioner Vs 1.The Commissioner, Madurai Corporation, Madurai.

2.The Assistant Commissioner, South Zone, No.4, Madurai Corporation, Madurai.

... Respondents Prayer: Writ Petition, filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Certiorarified Mandamus, to call for the records pertaining the impugned order passed by the second respondent vide his proceeding in Na.Ka.No.Ma4A10/9062/18, dated 12.02.2018 and quash the same as illegal and consequently direct the respondents to transfer the Assessment Tax No.385238 in the name of the petitioner.

For Petitioner : Mr.S.Sukumar

For Respondents : Mr.S.Vidhya Sagar

ORDER

This writ petition has been filed to quash the impugned order passed by the second respondent vide his proceeding in Na.Ka.No.Ma4A10/9062/18, dated 12.02.2018 and consequential direction to the respondents to transfer the Assessment Tax No.385238 in the name of the petitioner.

2. Heard the learned counsel on either side.

3. The learned counsel for the petitioner submitted that the impugned order has been passed without giving prior notice to the petitioner and hence it is liable to be set aside.

4. On a perusal of the impugned order, it reveals that the same has been passed without giving opportunity of hearing to the petitioner. Therefore, the impugned order suffers from irregularity. Accordingly, the impugned order is set aside. This Writ Petition is allowed and the matter is remitted back to the respondents. The second respondent is directed to pass a fresh order after issuing notice to the petitioner as well as to any interested parties, within a period of three

months from the date of receipt of a copy of this order. The petitioner shall submit all the documents to establish his claim of title over the subject property. No costs. Consequently, connected Miscellaneous Petition is closed. 16-09-2025 NCC : Yes/No Index : Yes/No Rmk To 1.The Commissioner, Madurai Corporation, Madurai.

2.The Assistant Commissioner, South Zone, No.4, Madurai Corporation, Madurai.

P.T. ASHA,J.

Rmk WP(MD) No. 9365 of 2018 16.09.2025