U.Parthan vs Assistant Revenue Officer
2023 Latest Caselaw 6637 Mad

                                                                          W.P.No.17931 of 2023



                         IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                               Dated: 20.06.2023

                                                   CORAM

                          THE HONOURABLE DR. JUSTICE ANITA SUMANTH

                                            W.P.No.17931 of 2023
                                         and WMP No.17086 of 2023

                U.Parthan                                           ... Petitioner

                                                   Vs

                1.Assistant Revenue Officer,
                  Revenue Department, Zone-10,
                  Greater Chennai Corporation,
                  No.117, N.S.K Road,
                  Kodambakkam,
                  Chennai-600 024.

                2.Anser Begum                                         ... Respondents

                PRAYER: Writ Petition filed under Article 226 of the Constitution of
                India praying to issue a Writ of Mandamus forbearing No.10-141-
                02543-000 pertaining to the Flat Nos.7 and 9 of the Apartment called
                "Ezhumalai Apartments" comprised in Survey No.162/11, T.S No.5696
                present T.S No.8838, part of Block No.129, situated in Madley Road,
                T.Nagar, Chennai from the petitioner's name.

                                  For Petitioner  : Mr.P.Sesubalan Raja
                                  For Respondents : Ms.Aswini Devi (for R1)




https://www.mhc.tn.gov.in/judis
                                                                            W.P.No.17931 of 2023

                                                ORDER

Ms.Aswini Devi, learned Standing Counsel accepts notice for R1

and is armed with necessary instructions to enable a final disposal of

this matter, even at the stage of admission. In light of order that is

proposed to be passed in this matter, no notice is thought necessary to

R2.

2. The petitioner, an individual, claims to be the owner of the

property at Flat Nos.7 and 9 of Ezhumalai Apartments in Survey

No.162/11, T.S No.5696 present T.S No.8838, part of Block No.129,

situated in Madley Road, T.Nagar, Chennai ('property'/'property in

question'), he seeks a mandamus forbearing the first respondent, being

the Assistant Revenue Officer, Greater Chennai Corporation from

transferring the property tax assessments of the aforesaid property to the

name of the second respondent.

3. Though the petitioner has set out some facts in relation to how

he claims ownership to the property in question, he has filed a

representation/objection petition dated 09.05.2023, which, learned

Standing Counsel for R1 states, has been received by R1 and is pending

disposal. He relies on a judgment of the Hon'ble Supreme Court in the

case of Suraj Lamp and Industries Pvt. Ltd. V. State of Haryana and

ors. (AIR 2012 SC 206).

https://www.mhc.tn.gov.in/judis W.P.No.17931 of 2023

4. Since the identical relief as sought for in this Writ Petition is

pending adjudication before R1 and as the adjudication itself is

dependant on an appreication of various factual aspects of the matter, it

is best that R1 take a view in regard to the prayer after hearing both the

petitioner as well as R2.

5. For this purpose, let notice be issued by R1 to the petitioner as

well as R2 fixing a date for personal hearing. Let a copy of the

representation dated 09.05.2023 be furnished to R2 as well soliciting her

response.

6. After hearing both parties and considering the materials, if

any, submitted, R1 shall pass orders disposing the

objections/representation of the petitioner dated 09.05.2023, in

accordance with law, within a period of twelve (12) weeks from date of

receipt of a copy of this order.

7. This Writ Petition is disposed as above. No costs. Connected

Miscellaneous Petition is closed.

sl 20.06.2023 Index : Yes / No Speaking/non-speaking Order Neutral citation:Yes/No

https://www.mhc.tn.gov.in/judis W.P.No.17931 of 2023

Dr.ANITA SUMANTH,J.

sl To

Assistant Revenue Officer, Revenue Department, Zone-10, Greater Chennai Corporation, No.117, N.S.K Road, Kodambakkam, Chennai-600 024.

W.P.No.17931 of 2023 and WMP No.17086 of 2023

20.06.2023

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