BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 27/09/2010 CORAM THE HONOURABLE MR.JUSTICE P.JYOTHIMANI AND THE HONOURABLE MR.JUSTICE S.NAGAMUTHU W.A(MD)No.514 of 2010 Meharaj Nisha ... Appellant/ Petitioner Vs. 1.The Executive Officer, Town Panchayat, Sayalgudi, Ramanathapuram District. 2.Abdul Wahab ... Respondents/ Respondents Prayer Appeal filed under Clause 15 of Letters Patent, against the order dated 18.08.2010 passed by MR.JUSTICE M.JEYAPAUL, in W.P.(MD)No.10714 of 2010 on the file of this Court. !For Appellant ... Mr.R.Venkateswaran ^For Respondents ... Mr.K.Balasubramanian, Special Govt. Pleader for R.1 No representation for R.2 * * * * * :JUDGMENT
(Judgment of the Court was delivered by
P.JYOTHIMANI,J.)
The second respondent having been served, has failed to appear before this
Court and his name is entered in the cause list. He is also not present today.
2. This writ appeal is directed against the order of the learned Single
Judge of this Court in W.P.(MD)No.10714 of 2010 dated 18.08.2010, by which the
learned Judge has dismissed the writ petition filed by the appellant herein for
a direction against the first respondent, the Executive Officer, Town Panchayat,
Sayalgudi, Ramanathapuram District, to consider the representation dated
24.06.2010 which relates to the assessment of the property of the petitioner
comprised in S.No.155/1B3B situated at Iruveli village, Sayalkudi and the writ
petition came to be dismissed on the ground that the second respondent has also
filed O.S.No.45 of 2010.
3. A reference to the relief claimed by the second respondent in the suit
shows that the present suit property is also forming part of the item No.2, but
the relief in respect of the item No.2 is only an easementary right of a door
and in fact, in respect of item No.2, the second respondent has not disputed the
title of the writ petitioner.
4. In such view of the matter, we are of the view that the order of the
learned Single Judge in declining to give a direction is not proper and correct.
Accordingly, the same is set aside and the writ appeal is allowed, directing the
first respondent herein to consider the representation of the petitioner dated
24.06.2010 and pass appropriate orders on merits and in accordance with law
after giving notice to the writ petitioner as well as the second respondent,
within a period of ten days from the date of receipt of a copy of this judgment.
No costs.
rsb
To
1.The Executive Officer,
Town Panchayat,
Sayalgudi,
Ramanathapuram District.