Disposed

Shunmugakani .S v. The District Collector

Madras HC16 Feb 2024WP(MD)/3545/2024

Case brief

AI extract

What is this about?

The petitioner, sole owner of a property after her sister's release deed, sought writ of mandamus directing the municipality to assess property tax in her name. The court directed the Municipality Commissioner to consider the petitioner's representation and pass appropriate orders within four weeks.

What did the court decide?

Direction issued to the 2nd Respondent (Municipal Commissioner) to consider the petitioner's representation dated 06.01.2023 and pass appropriate orders within four weeks.

Shunmugakani .S Vs The District Collector — Municipal and Town Planning | Madras HC (2024)

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WP.(MD).No.3545 of 2024

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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

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Dated : 16.02.2024

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CORAM:

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THE HONOURABLE MRS.JUSTICE L.VICTORIA GOWRI

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W.P.(MD)No.3545 of 2024

S.Shunmugakani

... Petitioner

Vs.

1.The District Collector, Tuticorin District.

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2.The Commissioner, Trichendur Municipality, Tuticorin District. ... Respondents

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PRAYER : Writ Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Mandamus, directing the respondents to assess the property tax in respect of building bearing D.No.525, situated in ward no.5, Tiruchendur Town, Tuticorin District based on the representation of the petitioner's dated 06.01.2023.

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For Petitioner : Mr.S.Kumar For 1^st Respondent : Mr.S.R.A.Ramachandran Additional Government Pleader For 2^nd Respondent : Mr.H.Arumugam Standing Counsel

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

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WP.(MD).No.3545 of 2024

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ORDER

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This Writ Petition has been filed for issuance of a Writ of Mandamus, seeking to direct the respondents to assess the property tax in respect of building bearing D.No.525, situated in ward no.5, Tiruchendur Town, Tuticorin District based on the representation of the petitioner's dated 06.01.2023.

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2.By consent of both parties, this Writ Petition is taken up for final disposal at the stage of admission itself.

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3 .The brief facts which are necessary for the disposal of this Writ Petition is as follows:-

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The petitioner's husband late Sendurpandi purchased a property having an extent of 4.5 cents in Natham Survey No.241 corresponding to new Survey No.1522 of Tiruchendur Town by registered document dated 29.06.1970. The said Sendurpandi passed away on 10.12.2002 and he was survived by the petitioner and his daughter Priya @ Priyadharsini. The petitioner's daughter Tmt.Priya @ Priyadharsini has executed a registered release deed dated 26.09.2008, relinquishing her right and title over her share

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

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WP.(MD).No.3545 of 2024

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in the said property and as the result of which, the petitioner is the exclusive owner in possession and title of the said property. Following which, the said property has been mutated by the Revenue Authorities in the name of the petitioner. Thereafter, she made an application for property tax assessment to the second respondent. However, the same was not done. Hence, the petitioner sent a representation to the respondents on 06.01.2023 requesting to assess the property tax in her name and the same was not considered.

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4 .Heard Mr.S.Kumar, learned counsel appearing for the petitioner, Mr.S.R.A.Ramachandran, learned Additional Government Pleader appearing for the 1 st respondent, Mr.H.Arumugam, learned Standing Counsel appearing for the 2 nd respondent and carefully perused the entire materials available on record.

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5.Considering the limited scope of relief sought for by the petitioner, this Court hereby directs the second respondent to consider the petitioner's representation dated 06.01.2023 and pass appropriate orders in accordance with law within a period of four weeks from the date of receipt of copy of this order.

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

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WP.(MD).No.3545 of 2024

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6.In view of the above, this Writ Petition stands disposed of.

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There shall be no order as to costs.

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16.02.2024

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NCC : Yes / No Index : Yes / No Internet : Yes Mrn

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1.The District Collector, Tuticorin District.

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2.The Commissioner, Trichendur Municipality, Tuticorin District.

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

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WP.(MD).No.3545 of 2024

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L.VICTORIA GOWRI, J.

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Mrn

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W.P.(MD)No.3545 of 2024

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16.02.2024

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

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Shunmugakani .S v. The District Collector

Case brief

What is this about?

What did the court decide?

Shunmugakani .S 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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