Shenbagavalli vs The Commissioner
2022 Latest Caselaw 8407 Mad

                                                                                      W.P(MD)No.11983 of 2009

                                  BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

                                                        Dated: 21.04.2022

                                                                   CORAM:

                                       THE HONOURABLE MR.JUSTICE B.PUGALENDHI

                                                  W.P(MD)No.11983 of 2009
                                                            and
                                                    M.P(MD)No.1 of 2009

                Shenbagavalli
                                                                             ... Petitioner
                                                                    Vs

                1.The Commissioner,
                  Kovilpatti Municipality,
                  Kovilpatti.

                2.The Chairman,
                  Kovilpatti Municipality,
                  Kovilpatti.

                3.P.S.A.Rajaguru                                            ... Respondents

                PRAYER:            Writ      Petition             filed    under   Article        226    of    the
                Constitution                 of        India         for     issuance        of     writ        of
                certiorarified mandamus, to call for the records relating
                to       proceedings              of        the     first    respondent       in    Na.Ka.No.
                9526/2009/C2,                dated          07.10.2009       and    quash     the       same    as
                illegal and further directing the respondent Nos.1 and 2 to
                restore            the    name         of    the     petitioner     in   respect         of    the
                assessment of tax in respect of the property in Door No.81
                A,      81        B,   87,   88,       89     and     90    in   Pillaiyar    Koil       Street,
                Kovilpatti.


                1/5



https://www.mhc.tn.gov.in/judis
                                                                        W.P(MD)No.11983 of 2009

                                  For Petitioner      : Mr.M.P.Senthil
                                  For Respondent      : Mr.Palanivelayutham
                                  No.1
                                  For Respondent      : Mr.D.Gandhiraj,
                                  No.2                      Special Government Pleader
                                  For Respondent      : No representation
                                  No.3
                                                      ORDER

This writ petition is filed as against the order passed

by the Commissioner of Kovilpatti Municipality in favour of

the third respondent.

2.The grievance of the petitioner is that when the

issue with regard to the right over the property is pending

in the civil suit, the first respondent transferred the

assessment in the name of the a dead person and two others,

without even providing an opportunity of hearing to the

petitioner.

3.The learned Counsel for the respondent Municipality

submits that the assessment was transferred pursuant to the

judgment and decree dated 24.04.2008 in A.S.No.69 of 207 on

the file of the Sub Court, Kovilpatti.

https://www.mhc.tn.gov.in/judis W.P(MD)No.11983 of 2009

4.The petitioner is the fifth defendant in the suit and

as against the judgment and decree dated 24.04.2008,

the petitioner has filed second appeal in S.A(MD)No.864 of

2008.

5.The learned Counsel on either side in the second

appeal are not ready to proceed with the second appeal.

6.Considering that the writ petition is filed in the

year 2009 as against transfer of assessment in favour of

the third respondent made in pursuance of the judgment and

decree of the Sub Court, Kovilpatti in A.S.No.69 of 2007

and the issue is now pending in S.A(MD)No.864 of 2008,

this writ petition is disposed of with liberty to the

petitioner to work out his remedy, after the disposal of

second appeal in S.A(MD)No.864 of 2008. No costs.

Consequently, connected miscellaneous petition stands

closed.

21.04.2022

dsk

https://www.mhc.tn.gov.in/judis W.P(MD)No.11983 of 2009

To

1.The Commissioner, Kovilpatti Municipality, Kovilpatti.

2.The Chairman, Kovilpatti Municipality, Kovilpatti.

https://www.mhc.tn.gov.in/judis W.P(MD)No.11983 of 2009

B.PUGALENDHI, J.

dsk

W.P(MD)No.11983 of 2009

21.04.2022

https://www.mhc.tn.gov.in/judis