Madras High Court
M.Ramar vs The Executive Officer on 14 December, 2020
Author: Abdul Quddhose
Bench: Abdul Quddhose
W.P(MD).No.18363 of 2020
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 14.12.2020
CORAM
THE HONOURABLE MR. JUSTICE ABDUL QUDDHOSE
W.P(MD).No.18363 of 2020
M.Ramar .. Petitioner
Vs.
1.The Executive Officer,
Alankulam Town Panchayat,
Alankulam,
Tenkasi District.
2.B.Subbiah .. Respondents
PRAYER: Writ Petition is filed under Article 226 of Constitution of India for
issuance of Writ of Mandamus, directing the 1st respondent to mutate the entries
in the record maintained by him, with respect to shop Nos.52 and 53 at Thaiyal
Nayaki Market, Alankulam, Tenkasi District, by replacing the 2nd respondent's
name with name of the petitioner in the Professional Tax Assessment No.605
and Lease (Ground Rent) Serial No.132 and 133 and Professional License No.
37.
For Petitioner : Mr.P.Subbiah
For Respondents : Mr.A.Karthik for R1
Government Advocate
1/6
http://www.judis.nic.in
W.P(MD).No.18363 of 2020
ORDER
This writ petition has been filed for a Mandamus seeking for a direction to the 1st respondent to mutate the entries in the record maintained by him, with respect to shop Nos.52 and 53 at Thaiyal Nayaki Market, Alankulam, Tenkasi District, by replacing the 2nd respondent's name with name of the petitioner in the Professional Tax Assessment No.605 and Lease (Ground Rent) Serial No.132 and 133 and Professional License No.37.
2.Heard Mr.P.Subbiah, learned counsel for the petitioner and Mr.A.Karthik, learned Government Advocate, who accepts notice on behalf of the first respondent.
3.By consent of both parties, this writ petition is taken up for final disposal at the admission stage itself.
4.It is the case of the petitioner that the petitioner and the second respondent were partners in the vegetable wholesale & retail business running in the name and style of 'S.M.Ramar Vazhaikaai Viyabaram' at the aforementioned address. According to the petitioner, the second respondent retired from the partnership business by executing the documents dated 2/6 http://www.judis.nic.in W.P(MD).No.18363 of 2020 20.07.2018 and 04.12.2018, after getting his share. It is the case of the petitioner that after the retirement of the second respondent, the partnership firm was dissolved and the petitioner became the proprietor of the said business. It is also the case of the petitioner that the business was also changed from 'S.M.Ramar Vazhaikai Viyabaram' to his individual proprietory. It is the case of the petitioner, that he gave a representation to the first respondent in the month of January 2019 followed by a reminder dated 05.10.2020 requesting the first respondent to mutate the entries in their records by replacing the second respondent's name with the petitioner's name with respect of the shop. It is the case of the petitioner that on 15.05.2019, he paid a sum of Rs.10,000/- each for two shops to the first respondent to renew the lease period of Ground net. However, it is the case of the petitioner that till date the said representations have not been considered by the first respondent. In such circumstances, this writ petition has been filed.
5.A positive direction as sought for in this writ petition cannot be granted by this Court. The only limited relief that can be granted to the petitioner is to direct the first respondent to consider the petitioner's representation seeking for mutation of the petitioner's name in the professional tax assessment No.605 and lease (Ground Rent) Sl.Nos.132 and 133 and 3/6 http://www.judis.nic.in W.P(MD).No.18363 of 2020 Professional License No.37, maintained by the first respondent in respect of his two shops. Admittedly, the petitioner has given a representation in the month of January 2019 followed by a reminder dated 05.10.2020 to the first respondent requesting him for mutating the entries by replacing the second respondent's name with the petitioner's name in the Professional Tax assessment. Admittedly, the said representation has not been considered by the first respondent till date. No prejudice will be caused to the respondents, if the petitioner's representations are considered by the first respondent on merits and in accordance with law, after hearing the second respondent and other necessary parties.
6.For the foregoing reasons, this Court directs the first respondent to consider the petitioner's representation sent in the month of January 2019 and on 05.10.2020, requesting the first respondent to mutate the entries in the records maintained by him with respect of the shop Nos.52 and 53 at Thaiyal Nayaki Market, Alankulam, Tenkasi District, by replacing the 2nd respondent's name with name of the petitioner in the Professional Tax Assessment No.605 and Lease (Ground Rent) Serial No.132 and 133 and Professional License No. 37 and pass final orders on merits and in accordance with law, after hearing all the necessary parties, including the second respondent, within a period of eight 4/6 http://www.judis.nic.in W.P(MD).No.18363 of 2020 weeks from the date of receipt of a copy of this order.
7.With the aforesaid direction, this writ petition is disposed of. No costs.
14.12.2020
Index : Yes / No
Internet : Yes / No
TM
Note: In view of the present lock down owing to
COVID-19 pandemic, a web copy of the
order may be utilized for official purposes,
but, ensuring that the copy of the order that
is presented is the correct copy, shall be the
responsibility of the advocate/litigant
concerned.
To
1.The Executive Officer,
Alankulam Town Panchayat,
Alankulam,
Tenkasi District.
5/6
http://www.judis.nic.in
W.P(MD).No.18363 of 2020
ABDUL QUDDHOSE,J.
TM
W.P(MD).No.18363 of 2020
14.12.2020
6/6
http://www.judis.nic.in