Madras High Court
J.John Wesley vs The Executive Officer on 7 September, 2022
W.P.(MD).No.3129 of 2015
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 07.09.2022
CORAM
THE HON'BLE MR.JUSTICE R.VIJAYAKUMAR
W.P.(MD).No.3129 of 2015
J.John Wesley ... Petitioner
Vs.
1.The Executive Officer,
Special Grade Panchayat,
Vadakku Valliyoor,
Tirunelveli District.
2.The Manager,
Thiru Jeer Mutt, Tirukurungudi,
Tirunelveli District.
3.P.Ammachiammal ... Respondents
PRAYER : Writ Petition filed under Article 226 of the Constitution of
India, praying this Court to issue a Writ of Mandamus, directing the
respondents to consider and pass orders on the petitioner's representation
1/5
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W.P.(MD).No.3129 of 2015
dated 05.02.2014 in consonance with the judgment of this Court dated
30.07.2014 made in S.A(MD).No.293 of 2009, within a time frame as
fixed by this Court.
For Petitioner : Mr.T.R.Janarthanan
for Mr.S.R.Anbarasu
For Respondents : Mr.M.Rajarajan for R1
Mr.K.Chandrasekaran for R2
Mr.S.Palanivelayutham for R3
ORDER
The present writ petition has been filed seeking a writ of
Mandamus, directing the first respondent herein to consider the
representation of the petitioner dated 05.02.2014 for transfer of the
Property Tax Assessment from the name of the petitioner's deceased
father, namely, P.Joseph Ponnudurai in the name of the writ petitioner.
2. According to the petitioner, he has succeeded in
S.A(MD).No.293 of 2009 and it was confirmed by the Hon'ble Supreme
Court of India on 07.12.2016. Since the petitioner is the only legal heir
of the deceased Joseph Ponnudurai, the Property Tax assessment should
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W.P.(MD).No.3129 of 2015
be transferred in his name.
3. However, the learned counsel appearing for the third
respondent has contended that the deceased Joseph Ponnudurai has
executed a Will in favour of the third respondent. Hence, the Property
Tax Assessment cannot be transferred in the name of the writ petitioner.
4. A perusal of the judgment in O.S.No.6 of 2004 indicates that
the said Will was placed before the Civil Court as Ex.B4 and only after
considering the said Will, an order came to be passed by the Civil Court
in O.S.No.6 of 2004, which was confirmed by this Court in S.A(MD).No.
293 of 2009 and later confirmed by the Hon'ble Apex Court.
5. In view of the said facts, the petitioner is directed to give a
fresh representation to the first respondent along with the copy of the
judgment in O.S.No.6 of 2004 and the copy of the judgment in
S.A(MD).No.293 of 2009. In case, if any such application is filed, the
first respondent shall pass orders within a period of two weeks from the
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W.P.(MD).No.3129 of 2015
date of receipt of the said application. If the third respondent is having
any independent claim over the property, it is open to her to approach the
Competent Civil Court.
5. Accordingly, the Writ Petition stands allowed. No costs.
07.09.2022
Index : Yes / No
Internet : Yes / No
ssb
To
1.The Executive Officer,
Special Grade Panchayat,
Vadakku Valliyoor,
Tirunelveli District.
2.The Manager,
Thiru Jeer Mutt, Tirukurungudi,
Tirunelveli District.
https://www.mhc.tn.gov.in/judis
W.P.(MD).No.3129 of 2015
R.VIJAYAKUMAR ,J.
ssb
Order made in
W.P.(MD).No.3129 of 2015
07.09.2022
https://www.mhc.tn.gov.in/judis
