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    Devendran v. The District Collector

    IN THE HIGH COURT OF JUDICATURE AT MADRAS

    DATED : 18.08.2022

    CORAM

    THE HON'BLE MR.JUSTICE C.SARAVANAN

    Devendran ... Petitioner Vs.

    1.The District Collector, Nagapattinam District. 2.The Block Development Officer, Vedaranyam Block Development Office, Nagapattinam District.

    3.The Panchayat President, Panjanathikulam Naduchetthi Village Panchayat, Vedaranyam Taluk,

    Nagapattinam District.

    4.The Secretary,

    Panjanathikulam Naduchetti Village Panchayat, Vedaranyam Taluk,

    Nagapattinam District.

    5.Rajendran ... Respondents

    1/6

    Prayer: Writ Petition filed under Article 226 of Constitution of India, for issuance of a Writ of Mandamus, directing the respondents 2 to 4 to consider and dispose the petitioner's representation dated 18.05.2022 and thereby change the house tax assessment to petitioner's name instead of 5th respondent's name, for the house bearing D.No.1/225 situated at Old Survey No.103/3 New Survey No.103/3B, Ganapathidevan Kaadu, Panchanathikulam Naduchetthi Village, Vedaranyam Taluk, Nagapattinam District.

    For Petitioner : Mr.M.Vijayaraghavan

    For Respondents : Mr.M.Shahjahan

    Special Government Pleader for R1

    Mr.C.Selvaraj

    Additional Government Pleader

    for R2

    Mr.P.Ganesan

    Government Advocate for R3

    Mr.S.Jaya Chandran

    Government Advocate for R4

    ORDER

    Mr.M.Shahjahan, learned Special Government Pleader takes notice on behalf of the 1strespondent, Mr.C.Selvaraj, learned Additional Government Pleader takes notice on behalf of the 2ndrespondent, Mr.P.Ganesan, learned Government Advocate takes notice on behalf of the 3rdrespondent and

    2/6

    Mr.S.Jayachandran, learned Government Advocate takes notice on behalf of the 4threspondent.

    2.There is a private dispute between the petitioner and the 5th respondent herein. Both claims to right over the property which was originally purchased by the petitioner. However, it appears from record that the petitioner's father died on 29.08.1991 and the mother died on 23.04.2014. 3.It is the specific case of the petitioner that the petitioner has executed a registered Will dated 27.03.2012 bequeathing his share in the property purchased by the petitioner's father. It is submitted that during life time of the petitioner's mother, the 5threspondent had attempted to change the House Tax Assessment to his name which was subsequently canceled by the 2nd respondent. Now taking advantage of the situation, the 5threspondent is again manged to retransfer the House Tax Assessment to his name.

    3/6

    4. Under these circumstances, the petitioner had sent representation to the respondent on 18.05.2022. It is the specific case of the petitioner changes made in the House Tax Assessment in favour of the 5threspondent was not justified. As per the petitioner he is having two shares in the property, one he acquired and the second pursuant to the Will executed by his mother and there is a private dispute between the petitioner and the 5th respondent. 5.Considering the fact that the petitioner has given a representation to the respondent on 18.05.2022, I direct the 2ndrespondent to consider the petitioner's representation and pass appropriate orders on merits. In case, the respondent is of the view that the alteration has been made wrongly, the status quo-ante shall be restored leaving the parties to work out their remedy before the Civil Court.

    6.Needless to state, before passing such order, appropriate notice shall be issued to the 5threspondent.

    4/6

    7.Accordingly, this writ petition stands disposed of with the above observations. No costs.

    18.08.2022

    Index : Yes/No Internet : Yes/No Speaking/Non-speaking Order jas

    To

    1.The District Collector, Nagapattinam District. 2.The Block Development Officer, Vedaranyam Block Development Office, Nagapattinam District.

    3.The Panchayat President, Panjanathikulam Naduchetthi Village Panchayat, Vedaranyam Taluk,

    Nagapattinam District.

    4.The Secretary,

    Panjanathikulam Naduchetti Village Panchayat, Vedaranyam Taluk,

    Nagapattinam District.

    5/6

    C.SARAVANAN, J.

    jas

    18.08.2022

    6/6

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    Devendran v. The District Collector
    (Aug 18, 2022)