Angayarkanni vs The Commissioner
2023 Latest Caselaw 8656 Mad

                                                                             W.P.(MD).No.17318 of 2023



                       BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

                                                DATED : 19.07.2023

                                                       CORAM

                                  THE HONOURABLE MRS.JUSTICE S.SRIMATHY

                                            W.P.(MD).No.17318 of 2023


                Angayarkanni                                                    ... Petitioner
                                                        Vs.

                1.The Commissioner,
                  Karur Municipal Corporation,
                  Karur – 1.
                2.K.Balasubramanian                                             ... Respondents

                Prayer : Writ Petition filed under Article 226 of the Constitution of India,
                praying this Court to issue a Writ of Mandamus, directing the first respondent
                to transfer the property tax from the name of K.Balasubramanian to the name of
                K.Angayarkanni, the petitioner herein by considering the representation of the
                petitioner dated 20.03.2023 within a time frame fixed by this Court.



                                      For Petitioner    : Mr.P.Paranthaman

                                      For R-1           : Mr.K.Balasubramani,
                                                          Standing Counsel.




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                                                                             W.P.(MD).No.17318 of 2023




                                                  ORDER

The petitioner herein had submitted a representation to the first

respondent on 23.02.2023 to transfer the property tax from the name of second

respondent/K.Balasubramanian to the name of the petitioner/K.Angayarkanni.

The second respondent is the father-in-law of the petitioner. Since the said

representation was not considered, the present writ petition has been filed.

2. The contention of the petitioner is that a suit for partition in

O.S.No.232 of 1991 on the file of the Sub Court, Karur was filed and in

I.A. No 63 of 2000, final decree was passed on 28.02.2002. Aggrieved over, the

respondent had preferred appeal in A.S.No.64 of 2003 on the file of the District

Court, Karur and the same is confirmed. In the partition, the petitioner has

received her share of the property comprised in Survey No.223 to an extent of

7½ cents. Since the property tax stands in the name of the second respondent,

the petitioner seeks to transfer the property in her name.

3. Therefore, this Court directs the 1st respondent to consider the

petitioner's representation dated 20.03.2023 in the light of judgment stated

supra within a period of eight (8) weeks from the date of receipt of a copy of

this order.

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W.P.(MD).No.17318 of 2023

4. With the above direction, this Writ Petition is disposed of. There shall

be no order as to costs.

                                                                                   19.07.2023


                NCC               : Yes/No
                Index             : Yes / No
                Internet          : Yes/ No
                Nsr

Note: Issue Order Copy on 21.07.2023.

To

The Commissioner, Karur Municipal Corporation, Karur – 1.

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

W.P.(MD).No.17318 of 2023

S.SRIMATHY, J.

Nsr

W.P.(MD).No.17318 of 2023

19.07.2023

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