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Madras High CourtWP(MD)/11763/2015dismissed

S.Kadar Beevi v. The Municipal Commissioner

2023-08-29Honourable Mr Justice G.R.Swaminathan4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 29.08.2023

CORAM

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN and M.P.(MD)No.1 of 2015 S.Kadar Beevi ... Petitioner Vs.

1.The Municipal Commissioner, Karaikudi Municipality, Karaikudi, Sivagangai District.

2.The Revenue Inspector, Karaikudi Municipality, Karaikudi, Sivagangai District.

3.Vajitha Begam ... Respondents Prayer : Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Prohibition, forbearing the 1st and 2nd respondents their men and agents any manner change the property Tax Assessment No.10411 in favour of the 3rd respondent or to 1/4

any other person till disposal of the civil suit pending in O.S.No.19 of 2015 on the file of the District Principal Judge, Sivagangai. For Petitioner : No appearance For Respondents : No appearance

ORDER

None appears for the writ petitioner. There is no representation on the side of the respondents also.

2.I went through the contents of the affidavit filed in support of the writ petition. The main prayer sought for by the petitioner is that the municipal authority should not make any mutation in the property tax assessment in respect of the petition mentioned property till the disposal of O.S.No.19 of 2015 on the file of the Principal District Court, Sivagangai. Such relief cannot be sought. It is well settled that the final prayer in a writ petition cannot be in the nature of interim relief. 2/4

3.Granting liberty to the petitioner to workout his rights in the pending civil suit, the writ petition is dismissed. No costs. Consequently, connected miscellaneous petition is closed. 29.08.2023 NCC : Yes/No Index : Yes / No Internet : Yes/ No ias 3/4

G.R.SWAMINATHAN, J.

ias 29.08.2023 4/4