Muthulakshmi vs The District Collector
2022 Latest Caselaw 10366 Mad

                                                                      W.P.(MD).No.10206 of 2012



                           BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

                                                 DATED: 16.06.2022

                                                     CORAM

                                  THE HON'BLE MR.JUSTICE R.VIJAYAKUMAR

                                          W.P.(MD).No.10206 of 2012
                                                    and
                                         M.P.(MD).Nos.2 and 3 of 2012


                     1.Muthulakshmi

                     2.Vairamuthu                                    ... Petitioners

                                                        Vs.


                     1.The District Collector,
                       Tirunelveli District,
                       Tirunelveli.

                     2.The Commissioner,
                       Sankarankovil Municipality,
                       Municipal Office,
                       Sankarankovil,
                       Tirunelvli District.

                     3.Chinnapandian

                     4.Chinna Gurusamy                                  ... Respondents




                     1/5
https://www.mhc.tn.gov.in/judis
                                                                            W.P.(MD).No.10206 of 2012




                     PRAYER : Writ Petition filed under Article 226 of the Constitution of
                     India, praying this Court to issue a Writ of Certiorarified Mandamus, to
                     call for the records pertaining to the impugned order passed by the
                     second       respondent    in   Pa.Ko.51/Pe.Maa.Ma.No.93/2011/A1,        dated
                     22.03.2011 and quash the same and consequently direct the second
                     respondent to restore the petitioner's name in the property tax register for
                     the property in Door No.10/79, Sankar Nagar 2nd Street, Sankarankovil,
                     Tirunelveli District.


                                      For Petitioners   : Mr.M.Saravanan

                                      For R-1           : Mr.P.Thambidurai,
                                                          Government Advocate.

                                      For R-2           : Mr.N.Dilipkumar

                                      For R-3 and
                                              R-4       : Mr.Lakshmi Gopinathan


                                                         ORDER

The present Writ Petition has been filed challenging the

order passed by the second respondent herein under which the

assessment of property tax standing in the name of the writ petitioner

have been transferred in the name of the third respondent.

https://www.mhc.tn.gov.in/judis W.P.(MD).No.10206 of 2012

2. The main ground on which the Writ Petition has been

filed is that before effecting name transfer, no notice was issued to the

writ petitioner. Perusal of the order indicates that without hearing the

writ petitioner, the said transfer of assessment of property tax has been

effected by the second respondent.

3. In view of the same, the Writ Petition stands allowed.

The second respondent is directed to hear the petitioner, third and fourth

respondents before passing any fresh orders. The parties are at liberty to

place Civil Court judgments before the second respondent.

4. With the above observation, this Writ Petition stands

allowed. There shall be no order as to costs. Consequently, connected

miscellaneous petitions are closed.

                                                                                16.06.2022
                     Index        :     Yes / No
                     Internet     :     Yes / No
                     Nsr

https://www.mhc.tn.gov.in/judis W.P.(MD).No.10206 of 2012

To

1.The District Collector, Tirunelveli District, Tirunelveli.

2.The Commissioner, Sankarankovil Municipality, Municipal Office, Sankarankovil, Tirunelvli District.

https://www.mhc.tn.gov.in/judis W.P.(MD).No.10206 of 2012

R.VIJAYAKUMAR ,J.

Nsr

Order made in W.P.(MD).No.10206 of 2012

16.06.2022

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