Allowed

Muthulakshmi, v. the District Collector

Madras HC16 Jun 2022WP(MD)/10206/2012

Case brief

AI extract

What is this about?

Writ petition challenging property tax assessment transfer order without notice and hearing. Court allowed petition, quashing impugned order and directing authorities to hear all parties before passing fresh orders upon submission of Civil Court judgments.

What did the court decide?

Writ petition allowed; impugned order quashed; second respondent directed to hear petitioner and respondents before passing fresh orders; Civil Court judgments allowed to be placed before authority.

Muthulakshmi, Vs the District Collector — Property and Title | Madras HC (2022)

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W.P.(MD).No.10206 of 2012

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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

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DATED: 16.06.2022

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CORAM

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THE HON'BLE MR.JUSTICE R.VIJAYAKUMAR

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W.P.(MD).No.10206 of 2012 and M.P.(MD).Nos.2 and 3 of 2012

1.Muthulakshmi

2.Vairamuthu

... Petitioners

Vs.

1.The District Collector, Tirunelveli District, Tirunelveli.

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2.The Commissioner, Sankarankovil Municipality, Municipal Office, Sankarankovil, Tirunelvli District.

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3.Chinnapandian

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4.Chinna Gurusamy ... Respondents

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PRAYER : Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Certiorarified Mandamus, to call for the records pertaining to the impugned order passed by the second respondent in Pa.Ko.51/Pe.Maa.Ma.No.93/2011/A1, dated 22.03.2011 and quash the same and consequently direct the second respondent to restore the petitioner's name in the property tax register for the property in Door No.10/79, Sankar Nagar 2^nd Street, Sankarankovil, Tirunelveli District.

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For Petitioners : Mr.M.Saravanan For R-1 : Mr.P.Thambidurai, Government Advocate. For R-2 : Mr.N.Dilipkumar For R-3 and R-4 : Mr.Lakshmi Gopinathan

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https://hcservices.ecourts.gov.in/hcservices/

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W.P.(MD).No.10206 of 2012

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ORDER

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The present Writ Petition has been filed challenging the order passed by the second respondent herein under which the assessment of property tax standing in the name of the writ petitioner have been transferred in the name of the third respondent.

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The main ground on which the Writ Petition has been filed is that before effecting name transfer, no notice was issued to the writ petitioner. Perusal of the order indicates that without hearing the writ petitioner, the said transfer of assessment of property tax has been effected by the second respondent.

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In view of the same, the Writ Petition stands allowed. The second respondent is directed to hear the petitioner, third and fourth respondents before passing any fresh orders. The parties are at liberty to place Civil Court judgments before the second respondent.

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With the above observation, this Writ Petition stands allowed. There shall be no order as to costs. Consequently, connected miscellaneous petitions are closed.

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Assistant Registrar(CS-III)

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// True Copy //

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/06/2022

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Sub Assistant Registrar(CS)

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Nsr To

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1.The District Collector, Tirunelveli District, Tirunelveli. 2.The Commissioner, Sankarankovil Municipality,

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Municipal Office, Sankarankovil, Tirunelvli District.

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+1 CC to M/s.N. DILIPKUMAR, Advocate ( SR-26589[F] dated 17/06/2022 )

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+1 CC to M/s.SPL.GP ( SR-26550[F] dated 17/06/2022 )

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+1 CC to M/s.POLAX LEGAL SOLUTIONS, Advocate ( SR-26867[F] dated 20/06/2022 )

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Order made in W.P.(MD).No.10206 of 2012 16.06.2022

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KMV(CO)

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TR(27.06.2022) 2P 6C

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https://hcservices.ecourts.gov.in/hcservices/

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Muthulakshmi, v. the District Collector

Case brief

What is this about?

What did the court decide?

Muthulakshmi, v. the District Collector

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

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