Madras High CourtWP(MD)/2177/2011disposed of

S. Govindan, v. The Commissioner,

2015-12-10Honourable Mr Justice K. Ravichandrabaabu2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 10.12.2015

CORAM:

THE HONOURABLE Mr.JUSTICE K.RAVICHANDRABAABU W.P.(MD)No.2177 of 2011 and M.P.(MD)No.1 of 2011 S.Govindan ...

Petitioner Vs.

1.The Commissioner, Nagercoil Municipality, Nagercoil Post, Kanyakumari District.

2.G.Rajan ...

Respondents PRAYER: Petition is filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing the 1st respondent to consider the petitioner's representation dated 28.04.2010 and pass orders in accordance with Tamil Nadu District Municipality Act, 1920 within a stipulated time that may be fixed by this Court. For Petitioner : Mr.M.Saravanakumar For Respondents : M/s.S.Srimathy for R1 Mr.S.Subbiah for R2

O R D E R

The petitioner seeks for a mandamus, directing the 1st respondent to consider his representation dated 28.04.2010 and pass orders on the same, within the time stipulated by this Court.

2.The grievance of the petitioner is that the property tax, which was standing in his name for several years, was changed into the name of the 2nd respondent, without hearing the petitioner and giving him an opportunity to putforth his case. Therefore, he made the above representation ventilating his grievance.

3.If the property tax was standing in the name of the petitioner as contended by him for several years, the same cannot be changed in the name of the 2nd respondent without giving an opportunity of hearing to the petitioner.

4.It is open to both the parties to place relevant documentary evidence in support of their claim before the 1st respondent so as to enable him to pass the orders as stated supra, within a period of two weeks from the date of receipt of a copy of this order. Thereafter, it is for the 1st respondent to consider the claim of the petitioner and pass orders on merits and in accordance with law, within a period of 8 weeks, after hearing the petitioner as well as the 2nd respondent. https://hcservices.ecourts.gov.in/hcservices/

5.The Writ petition is disposed of accordingly. No costs. Consequently, connected M.P.is closed.

Sd/- Assistant Registrar(AE) /True Copy/ Sub Assistant Registrar.

To The Commissioner, Nagercoil Municipality, Nagercoil Post, Kanyakumari District.

+1CC to Mr.M.Saravanakumar,Advocate, SR.No. 70777 +1CC to Mr.S.Srimathy, Advocate, SR.No. 71248 W.P.(MD)No.2177 of 2011 AM/17.12.2015/SK.SKN/2P/4C https://hcservices.ecourts.gov.in/hcservices/