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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
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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
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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.
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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.
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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.
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C.SARAVANAN, J.
jas
18.08.2022
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