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W.P.(MD) No.20463 of 2018 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 11.09.2025
CORAM:
THE HONOURABLE MS.JUSTICE P.T.ASHA W.P.(MD) No.20463 of 2018 A.Vaiyapuri .. Petitioner Vs. 1.The Commissioner, Trichy City Corporation, Trichy, Trichy District. 2.The Assistant Commissioner, Ariyamangalam Division, Trichy City Corporation, Trichy, Trichy District. .. Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India, praying for issuance of Writ of Certiorarified Mandamus, to call for the entire records pertaining to the impugned order passed by the 2nd respondent in A3/1536/2018/Ariya, dated 08.05.2018 and quash the same and consequently direct the respondents to levy vacant land tax on the petitioner's vacant land to the extend of 1187 ½ square feet in New T.S.No.45/2, Sengulam Village, Ariyamangalam zone, Trichy, Trichy District, within a time that may be stipulated by this Court. _________ p. 2 W.P.(MD) No.20463 of 2018 For Petitioner : Mr.B.S.Meltiue For Respondents : Mr.J.Prasad for M/s.R.B.Law Associates
ORDER This writ petition has been filed seeking to quash the order passed by the 2nd respondent dated 08.05.2018 and direct the respondents to levy vacant land tax on the petitioner's vacant land to the extent of 1187 ½ square feet in New T.S.No.45/2, Sengulam Village, Ariyamangalam zone, Trichy, Trichy District.
2. The petitioner would submit that the property was owned by his mother and his mother had bequeathed the same under a unregistered Will, dated 05.04.2010. The land in question is a vacant land. After his mother's death on 07.03.2011, he had approached the 2nd respondent to levy vacant land tax on the basis of the Will. The said application has been rejected by the 2nd respondent vide the impugned order which would ready as follows:
“ghu;itapy; fz;Ls;s jq;fsJ tpz;zg;gk; guprPypf;fg;gl;lJ. Nkw;fz;l kDtpy; ,izf;fg;gl;l _________ p. 3 W.P.(MD) No.20463 of 2018 nrhj;J gj;jpuk; gj;jpuj;Jiw %yk; gjpT nra;ahj gj;jpukhf cs;sjhy; jhq;fs; rku;gpj;j kD epuhfupf;fg;gLfpwJ vd ,jd; %yk; njuptpj;Jf; nfhs;sg;gLfpwJ.” Challenging the same, the petitioner is before this Court.
3. Heard the learned counsels on either side.
4. The petitioner has not been able to produce any documents to show how his mother had obtained right to the property in question. He has only produced the Will alleged to have been executed by his mother. Even in the Will in question, it has been stated that the property had been allotted to his mother by the Commissioner of Trichy Corporation. There is no details as to the nature of the documents under which such a right has been granted. Since the petitioner has not been able to establish his right to the property, I do not find any reason to interfere with the impugned order. _________ p. 4 W.P.(MD) No.20463 of 2018
5. Therefore, this Writ Petition stands dismissed. No costs.
11.09.2025 NCC : Yes/No Index : Yes/No Internet : Yes gbg To 1.The Commissioner, Trichy City Corporation, Trichy, Trichy District. 2.The Assistant Commissioner, Ariyamangalam Division, Trichy City Corporation, _________ p. 5 W.P.(MD) No.20463 of 2018 P.T.ASHA, J. gbg W.P.(MD) No.20463 of 2018 11.09.2025 _________