1 BEFORE THE MADURAI BENCH OF MADRAS HIGHCOURT DATED: 02.11.2011 CORAM: THE HONOURABLE MR.JUSTICE K.CHANDRU W.P.(MD)No.49 of 2011 M.Rengan ... Petitioner Vs. The Commissioner, Sankarankoil Municipality. Sankarankoil. ... Respondent Prayer: Petition filed under Article 226 of the Constitution of India praying for the issuance of a Writ of Certiorarified Mandamus, calling for the records in respect of impugned order in Na.Ka.No.1871/2010/H1, dated 21.10.2010 issued by the respondent and quash the same and direct the respondent to transfer the Assessment No.7934 pertaining to the property bearing Door No.11, Ankur Vinayagar Koil Street, Sankarankoil, in the name of the petitioner. For Petitioner : Mr.S.Natesh Raja of M/S.BSG Firm For Respondents : Mr.T.S.Mohamed Mohideen O R D E R The petitioner is the owner of the premises in Door No.11/1, Ankur Vinayagar Koil Street, Sankarankoil. He gave a representation, dated 06.10.2010, seeking for transfer of assessment of the Property Tax standing in the name of the vendor to be transferred in his name. While entertaining the said representation, the respondent Commissioner passed an order dated 21.10.2010, informing him that since the dispute regarding the building is pending in the Court, the Assessment No.7934 cannot be changed in the name of the petitioner and depending upon the outcome of the verdict of the civil Court alone, the case of the petitioner can be considered. 2. When the matter came up on 04.01.2011, Notice of Motion was ordered. On notice, learned Additional Government Pleader, appears for the Municipality. 3. It is seen from the records that the dispute referred to in the impugned order relates to a Suit filed by one S.Jayakumar against the petitioner as well as one Florence Devadhass, as defendant in O.S.No.49/2010. The Suit is only a due process Suit and in the plaint filed along with the suit the said Jayakumar has accepted that he was a tenant in the said premises. Therefore, the pendency of the tenancy dispute between the petitioner and the said Jayakumar has no relevant in changing the Assessment Order in the name of the petitioner and hence, the impugned order is misconceived and not passed with any application of mind. Hence, the writ petition is allowed with a direction to the respondent to effect name https://hcservices.ecourts.gov.in/hcservices/ 2 transfer in the Assessment Order of the property in question. This exercise shall be carried out within a period of four weeks from the date of receipt of a copy of this order. Sd/- Assistant Registrar(CO) /True Copy/ Sub Assistant Registrar To The Commissioner, Sankarankoil Municipality. Sankarankoil. +1cc to Mr.S.Natesh Raja, Advocate, Sr.No.37830 +one cc to Special Government Pleader, Sr.No.37913 W.P.(MD)No.49 of 2011 02.11.2011 mpk SMA/12.11.2011/4C/2P https://hcservices.ecourts.gov.in/hcservices/