M.Gnaniah(Died), v. The Nagercoil Municipality

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 10.12.2024

CORAM:

THE HONOURABLE MR.JUSTICE K.KUMARESH BABU and W.M.P.(MD) No.3254 of 2017 M.Gnaniah (died) G.Mini Catherine Hubert Leni (petitioner has been suo motu substituted vide order dated 02.08.2022) ... Petitioner /vs./ The Nagercoil Municipality, rep by its Commissioner, Nagercoil, Kanyakumari District.

... Respondent PRAYER: Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Certiorari, calling for the records pertaining to the impugned order in M.F.No.21-I-II dated Nil and consequential impugned notice dated 14.02.2017 on the file of the respondent and quash the same as illegal within the time period stipulated by this court.

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For Petitioner : Mr.S.Rajasekar For Respondent : Mr.P.Athemoola Pandian Standing Counsel

ORDER

The writ petition has been filed challenging the order passed in M.F.No.21I-II and the consequential notice dated 14.02.2017 on the file of the respondent.

2. The learned counsel for the petitioner would submit that the petitioner, who has originally challenged the impugned order as well as the consequential notice, is no more and would also submit that pending this writ petition, he had disposed of the property in favour of a third party. The unpaid property tax would be a charge on the property.

3. It is submitted by the learned Standing Counsel for the respondents that the petitioner has not complied with the interim order nor the subsequent purchaser has paid the demanded tax.

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4. In view of the fact that the petitioner is no more, the Writ Petition stands dismissed as abated. However, there shall be no order as to costs. Consequently, connected Miscellaneous Petition is closed.

Index : Yes / No 10.12.2024 Internet : Yes / No mm 3/4

K.KUMARESH BABU, J.

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