Shahul Hameed v. The Assistant Commissioner

BEFORE THE MADURAI BENGH OF MADRAS HIGH COURT DATED: 10.12.2025

CORAM

THE HONOURABLE MR. JUSTICE KRISHNAN RAMASAMY W.P.(MD)No.35375 of 2025 K.Shahul Hameed ... Petitioner Vs The Assistant Commissioner, Zone-2 (North), Madurai Corporation, Madurai.

... Respondent Prayer: Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Certiorarified Mandamus, calling for the records of the respondent in impugned order dated 09.10.2025 in Ma2Aa4B4/004587/2025 and quash the same as illegal and arbitrary and consequently thereby directing the respondent to issue the property tax in favour of the petitioner for the house property comprised in R.S.No.4/2 New T.S.No.69, Madurai Town Plot No.2, Ward No.33 in Deputy Collector's Colony, Lake View Road, K.K.Nagar, Madurai. For Petitioner : Mr.P.Ganapathi Subramanian For Respondent : Mrs.S.Devasena 1/5

O R D E R

This Writ Petition has been filed seeking to quash the impugned order passed by the respondent dated 09.10.2025 in Ma2Aa4B4/004587/2025 and consequently to direct the respondent to issue the property tax assessment in favour of the petitioner in respect of the house property comprised in R.S.No.4/2, New T.S.No.69, Plot No.2, Ward No.33, Deputy Collector's Colony, Lake View Road, K.K. Nagar, Madurai.

2. The learned counsel for the petitioner submits that the petitioner and her brothers are the absolute owners of the property, having purchased it under a registered sale deed dated 06.12.1990. The petitioner further submits that she has produced documents to show the Oral Hiba executed by her brothers in her favour. However, the respondent rejected the petitioner's request on the ground that the documents produced are unregistered and held that only on production of registered documentation, her request for transfer of name in the property tax register can be considered.

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3. The learned counsel for the respondent submits that if the petitioner produces Form-III prescribed under the Tamil Nadu District Municipalities Act / Tamil Nadu Municipal Administration rules for mutation of property (name transfer) in the Property Tax Register, the request for change of name can be duly considered and effected.

4. At this stage, the learned counsel for the petitioner submits that the petitioner is willing to file Form-III before the competent authority as required.

5. Considering the submissions made on both sides, the impugned order dated 09.10.2025 passed by the respondent is set aside, and the matter is remanded back to the respondent for fresh consideration. The petitioner is directed to file Form-III before the respondent within a period of four weeks from the date of receipt of a copy of this order. Upon receipt of such Form-III, the respondent shall consider the request and effect the name transfer after giving due opportunity to all the interested parties, and thereafter, pass appropriate orders in accordance with law, within a reasonable time.

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6. With the above directions, this writ petition stands allowed. There shall be no order as to costs.

10.12.2025 Index : Yes/No Internet: Yes/No TSG 4/5

KRISHNAN RAMASAMY, J.

TSG W.P.(MD)No.35375 of 2025 10.12.2025 5/5