Madras High Court
Smt.R.Rani vs The Commissioner on 4 August, 2021
W.P.No.8849 of 2021
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 04.08.2021
CORAM
THE HONOURABLE MR. JUSTICE N. ANAND VENKATESH
W.P.No.8849 of 2019
and
WMP No.9408 of 2019
Smt.R.Rani ..Petitioner
.Vs.
1.The Commissioner,
Greater Chennai Corporation,
Rippon Buildings,
Chennai 600 003.
2.The Managing Director,
Chennai Metropolitan Water Supply and
Sewerage Board,
No.1, Pumping Station Road,
Chintadripet,
Chennai 600 002.
3.The Grievances Redressal and
Facilitation Officer,
Chennai Metropolitan Water Supply and
Sewerage Board,
Chennai 600 002.
4.The Zonal Officer,
Revenue Department,
Zone-V, Chennai Corporation,
Washermanpet, Chennai 600 021.
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W.P.No.8849 of 2021
5.The Revenue Officer,
Corporation of Chennai,
Zone-V, Rippon Buildings,
Chennai 600 003.
6.The Assistant Revenue Officer,
Zone-V, Chennai Corporation,
No.61, Basin Bridge Road,
Washermanpet,
Chennai 600 021.
7.The Area Engineer,
Chennai Metropolitan Water Supply and
Sewerage Board, Egmore,
Chennai 600 008.
8.Sri G.Gopalakrishnan ..Respondents
Prayer : Writ Petition filed under Article 226 of the Constitution of India
for issuance of a Writ of Mandamus, to direct the respondents 1, 4, 5 and
6 to restore the name of original owner K.Govndasamy Naidu in property
tax assessment and consequently directing the respondents 2,3 and 7 not
to sanction any order of giving water and sewerage service connection in
the name of 8th respondent G.Gopalakrishnan by disconnecting the
existing connection stands in the name of K.Duraisamy Naidu at Door
No.63, Vadamalai Street, Purasawalkkam, Chennai 600 007, for which
the petitioner gave representations to the respondents on 27.02.2019,
28.02.2019 and 06.03.2019.
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W.P.No.8849 of 2021
For Petitioner : Mr.T.V.Krishnakumar
For Respondents : Mrs.Karthika Ashok
Standing Counsel
for R 1, 4, 5 & 6
Mr.Balasingh Ramanujam
for R 8
ORDER
This Writ Petition has been filed for the issue of a Writ of
Mandamus directing the respondent corporation to restore the name of
the original owner in the property tax assessment and cancel the
assessment made in the name of the 8th respondent by considering the
representation made by the petitioner on 27.02.2019.
2.The learned counsel for the petitioner submitted that the
8th respondent does not have any right or title over the property and the
husband of the petitioner is the original owner of the property by virtue
of the judgment passed in O.S.No.3247 of 2003. It was further submitted
that the 8th respondent had managed to get the property tax assessed in
his name and has also obtained the water supply and sewerage
connection in his name. According to the learned counsel for the
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W.P.No.8849 of 2021
petitioner, the name of the original owner has to be restored and the tax
must be assessed in his name. Accordingly, representations were given
and the same was not acted upon and left with no other option, the
present Writ Petition has been filed before this Court.
3.The 6th respondent has filed a counter affidavit and the
relevant portions in the counter affidavit are extracted hereunder:
"5.It is submitted that the petitioner claims to be
the legal heir of the late Govindasamy and on knowing
that the Property Tax assessor details needs a rectification,
this Respondent officials had approached the Petitioner
to provide the details of their claim with regard to the
Property. In order to carry out the corrections in the
assessment Order, the Petitioner needs to do furnish the
Title Deeds and legal heir certificate etc. It is submitted
that this Corporation in an inadvertedness had committed
an error in not maintaining the records prior to the year
2002, which is regreted and states that which is not
willful and wanted.
6.It is submitted that, this Corporation had taken
note of the representation of the Petitioner and in its
process had already addressed to the Petitioner vide Letter
dated 19-03-2019 calling for the documents if any in
order to proceed the representation of the Petitioner, but
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W.P.No.8849 of 2021
the Petitioner had not turned up to responed and so ins
furtherance had even sent a Loan Notice dated 10-06-
2019 for enquiry to be held on 20-06-2019 for enquiry to
be held on 20-06-2019 and to produce the Documents that
are available with the Petitioner. If the Petitioner
produces the necessary and required documents, this
Respondent Corporation would carry out necessary
correction/insertions in the assessment order pertaining to
the subject Property. Thus, the representation of the
Petitioner will be duly considered in accordance with
law."
4.Heard Mr.T.V.Krishnakumar, learned counsel for the
petitioner and Mrs.Karthika Ashok, learned Standing Counsel for
respondents 1,4, 5 and 6 and Mr.Balasingh Ramanujam, learned counsel
appearing on behalf of the 8th respondent.
5.It is clear from the counter affidavit filed by the
Corporation and they are willing to consider the representations made by
the petitioner and for this purpose, they require the petitioner to appear
for the enquiry along with all the relevant documents. In view of the
specific stand taken by the Corporation, this Court is inclined to dispose
of this writ petition by issuing a direction to the 6th respondent to call the
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W.P.No.8849 of 2021
petitioner and the 8th respondent for an enquiry and they shall give their
statements along with all the relevant documents. The 6th respondent
shall thereupon take a decision and pass suitable orders. This process
shall be completed by the 6th respondent within a period of eight weeks
from the date of receipt of copy of this order.
6.The petitioner is directed to make a fresh representation to
the 6th respondent along with all the relevant documents and also a copy
of this order.
7.This writ petition is disposed of with the above directions.
No costs. Consequently, connected miscellaneous petition is closed.
04.08.2021
Internet : Yes
Index : Yes/No
Speaking Order / Non Speaking Order
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W.P.No.8849 of 2021
To
1.The Commissioner,
Greater Chennai Corporation,
Rippon Buildings,
Chennai 600 003.
2.The Managing Director,
Chennai Metropolitan Water Supply and
Sewerage Board,
No.1, Pumping Station Road,
Chintadripet,
Chennai 600 002.
3.The Grievances Redressal and
Facilitation Officer,
Chennai Metropolitan Water Supply and
Sewerage Board,
Chennai 600 002.
4.The Zonal Officer,
Revenue Department,
Zone-V, Chennai Corporation,
Washermanpet, Chennai 600 021.
5.The Revenue Officer,
Corporation of Chennai,
Zone-V, Rippon Buildings,
Chennai 600 003.
6.The Assistant Revenue Officer,
Zone-V, Chennai Corporation,
No.61, Basin Bridge Road,
Washermanpet,
Chennai 600 021.
N. ANAND VENKATESH, J.
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W.P.No.8849 of 2021
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W.P.No.8849 of 2019
04.08.2021
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