Meharaj Nisha vs The Executive Officer and Abdul Wahab

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.

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.

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.

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.