S.Saraswathy vs The Commissioner
2024 Latest Caselaw 75 Mad

Madras High Court

S.Saraswathy vs The Commissioner on 2 January, 2024

Author: Senthilkumar Ramamoorthy

Bench: Senthilkumar Ramamoorthy

                                                                          W.P.No.35021 of 2023

                                  IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                               DATED: 02.01.2024

                                                    CORAM

                        THE HONOURABLE MR.JUSTICE SENTHILKUMAR RAMAMOORTHY

                                              W.P.No.35021 of 2023


                     S.Saraswathy                                           ... Petitioner
                                                      -vs-

                     1.The Commissioner,
                       Greater Chennai Corporation,
                       Rippon Building,
                       Chennai - 600 003.

                     2.The Executive Engineer,
                       Zone 9, Corporation of Chennai,
                       Royapettah,
                       Chennai - 600 014.                                ... Respondents

                     PRAYER: Writ Petition filed under Article 226 of the Constitution of

                     India, pleased to issue a Writ of Mandamus directing the second

                     respondent to consider petitioner's representation dated 21.03.2023

                     seeking for transfer of Property Tax Assessment in petitioner's

                     favour.




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https://www.mhc.tn.gov.in/judis
                                                                                  W.P.No.35021 of 2023

                                       For Petitioner     : Mr.N.Lokesh Raj

                                       For Respondents    : Mr.P.Prithvi Chopda
                                                            Standing counsel (Corporation)

                                                          **********
                                                          ORDER

The petitioner seeks issuance of a mandamus for the

consideration of the representation dated 21.03.2023 for transfer of

the Property Tax Assessment in favour of the petitioner.

2. The petitioner asserts that the property at No.16/7, Ramarao

Garden, 2nd Street, Royapettah, Chennai – 600 014, originally

belonged to her father, Mr.Maari Naicker, who died on 07.12.1991.

Pursuant to the judgment and decree dated 11.01.2013 in O.S.No.397

of 2012 of the VI Additional City Civil Court, Chennai, it is asserted

that an extent of 208 sq.ft. of land and building thereon was allotted

to the share of the petitioner.

3. Thereafter, it is stated that the petitioner applied for and

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

obtained a transfer of the EB records in her name and also applied for

the transfer of the Property Tax Assessment in her favour. In spite of

the submission of the representation dated 21.03.2023, it is stated that

no action was taken.

4. Mr.P.Prithvi Chopda, learned standing counsel for the

Greater Chennai Corporation, accepts notice on behalf of both the

respondents. He submits that if the relevant documents are re-

submitted by the petitioner, the petitioner's representation would be

considered and disposed of on merits.

5. In view of the above submissions, this writ petition is

disposed of by directing the second respondent to consider the

petitioner's representation dated 21.03.2023 and dispose of the same

on merits after providing a reasonable opportunity to the petitioner

and the other legal heirs of Mr.Maari Naicker. The petitioner is

directed to re-submit relevant documents in this regard. The

representation of the petitioner shall be disposed of within a period

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of six weeks from the date of receipt of the re-submitted documents

from the petitioner. There shall be no order as to costs.

02.01.2024 rna Index : Yes / No Internet : Yes / No

To

1.The Commissioner, Greater Chennai Corporation, Rippon Building, Chennai - 600 003.

2.The Executive Engineer, Zone 9, Corporation of Chennai, Royapettah, Chennai - 600 014.

SENTHILKUMAR RAMAMOORTHY,J

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

rna

02.01.2024

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