BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 18/07/2011 CORAM THE HONOURABLE MR.JUSTICE VINOD K.SHARMA W.P.(MD)No.1037 of 2006 M.Shivakumar ... Petitioner Vs. The Commissioner, Madurai Corporation, Madurai. ... Respondent PRAYER Writ Petition is filed under Article 226 of the Constitution of India praying to issue a Writ of Certiorarified Mandamus, to call for records pertaining to proceedings in Ref.No.NR8/2005/04, dated 30.11.2005 issued by the respondent and quash so far as the petitioner is concerned. !For Petitioner ... Mr.M.Subramanian ^For Respondent ... Mr.M.Ravishankar :ORDER
The petitioner seeks a writ, in the nature of certiorari, to quash the
order, dated 30.11.2005, passed by the respondent in entering the name of
Smt.Renugadevi, the original owner of the property, in the tax register.
2.The case set up by the petitioner is that on the demise of
Smt.Renugadevi, the name of the petitioner was entered in the tax register,
which was subsequently changed in the name of his father and sister, without
notice to the petitioner.
3.The petitioner challenged the order, by way of W.P.No.2959 of 2005,
which was disposed of by this court on 07.04.2005, by directing 1st respondent
herein to issue notice to the parties concerned and thereafter, pass fresh
orders.
4.In pursuance to the orders passed by this court, the 1st respondent,
issued notice to the petitioner as well his father and sister.
5.Thereafter, keeping in view of the fact that the a civil suit is pending
between the parties, the 1st respondent, restored the status quo ante, and
entered the name of the mother of the petitioner, even though, she is dead.
6.Though, the writ petition is normally not competent for non-joinder of
necessary parties, but in view of the facts of this case, that the name of the
dead person has been entered in tax register, the writ petition allowed, the
impugned order is set aside, and the case remitted back to the respondent to
reconsider the matter in accordance with law.
7.It is made clear that the respondent shall be at open to enter the name
of all the legal-heir of late Smt.Renugadevi with clear understanding that final
entry would be, as per the decision of the civil court, as the question of title
is to be decided by the civil court, and not by the respondent by entry in the
tax register. No costs.
er