Single Judge quash and remand writ petition challenging mandatory order rejecting revenue transfer application, citing arbitrariness and lack of hearing.
Impugned order dated 23.08.2010 passed by the second respondent has been quashed and the matter has been remanded back for further proceedings.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
W.P.(MD)No.11917 of 2010
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 08.10.2020 CORAM:
THE HONOURABLE MR.JUSTICE ABDUL QUDDHOSE W.P.(MD)No.11917 of 2010
and M.P.(MD).No.1 of 2010
... Petitioner
M.S.Muthuraman
Vs
1.The Commissioner,
Madurai Corporation,
Alagar Koil Road, Tallakulam, Madurai.
2.The Assistant Commissioner, East Zone, Madurai Corporation, Madurai.
3.Shanthi represented through her power agent P.Thirunavukarasu ... Respondents
PRAYER: Petition filed under Article 226 of the Constitution of India to issue a Writ of Certiorarified Mandamus, to call for the impugned order in fp.k.t.8/006321/109, dated 23.08.2010 sent by the second respondent and quash the same and direct the respondent Nos.1 and 2 to act as per the outcome of the civil suits in O.S.No.1037 of 2001 and E.A.No.556 of 2004 in E.P.No.97 of 2004, which is pending on the file of the I Additional Subordinate Judge, Madurai.
For Petitioner : Mr.Babu Rajendran For R-1 : Mr.T.S.Mohamed Mohideen For R-2 : Mr.M.Ravishankar For R-3 : Mr.A.Arun Prasad
ORDER
This writ petition has been filed challenging the impugned order, dated 23.08.2010 passed by the second respondent.
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W.P.(MD)No.11917 of 2010
O.S.No.1037 of 2001, before the learned I Additional Subordinate Judge, Madurai, he became the absolute owner of the property, situated in T.S.Nos.14/8, 229/3 in Plot No.10, 4th Street, Pankajam Colony, Madurai District, Madurai Town. According to him, he submitted an application for transfer of revenue records in his name with the second respondent on 11.09.2004. In the impugned order, the second respondent has rejected the said application on the ground that despite several notices sent to the petitioner asking him to appear for an enquiry, he failed to appear and produce the relevant records / documents to prove his ownership for getting the revenue records transferred in his name. Aggrieved by the impugned order, this Writ Petition has been filed.
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W.P.(MD)No.11917 of 2010
the petitioner as well as the third respondent to place all the relevant documents / records in support of their respective contentions and only thereafter, the second respondent shall pass final orders with regard to the assessment of vacant land tax in respect of the property situated at T.S.Nos.14/8, 229/3, Plot No.10, 4th Street, Pankajam Colony, Madurai Town, Madurai District.
// True Copy //
/ /2020 Sub Assistant Registrar(CS)
tsg
Note :In view of the present lock down owing to COVID19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the Advocate/litigant concerned.
+1 CC to M/s.T.S. MOHAMED MOHIDHEEN, Advocate ( SR-19567[F] dated 09/10/2020 ) +1 CC to M/s.BABU RAJENDRAN, Advocate ( SR-19532[F] dated 09/10/2020 )
W.P.(MD)No.11917 of 2010 08.10.2020
SCR(CO) TR(16.10.2020) 3P 3C
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2 issues framed by the court
Whether the impugned order rejecting the application for transfer of revenue records was passed arbitrarily without giving due opportunity of hearing.
Whether the second respondent considered the final judgment and decree in O.S.No.1037 of 2001 while passing the impugned order.
M.S.Muthuraman
The Commissioner, Madurai Corporation
The Assistant Commissioner, East Zone, Madurai Corporation
Shanthi
Abdul Quddose
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
