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Madras High CourtWP/15466/2012dismissed

M. Rajagopal Naidu v. The State Of Tamilnadu

2022-03-07Honourable Mr Justice M.Dhandapani3 pages

THE HIGH COURT OF JUDICATURE AT MADRAS DATED : 07.03.2022

CORAM

THE HONOURABLE MR. JUSTICE M. DHANDAPANI W.P. No.15466 of 2012 M.Rajagopal Naidu .. Petitioner

Versus

1. The State of Tamil Nadu, Rep. By its Commissioner of Secretary to Government, Agricultural Department, Chennai-2.

2. The Sub-Collector cum District Revenue officer, Thiruvannamalai Division,

3. The Secretary, Thiruvannamalai Marketing Committee, ..Respondents Petition filed under Article 226 of The Constitution of India praying to issue a Writ of Mandamus directing the respondents to receive the agricultural land tax from the petitioner for the land of the petitioner situated in S.N.75-2A measuring 1.74 acres in 162, Kilpennathur Village, Thiruvannamalai District.

For Petitioner : Mr.Koviramalingam For Respondents : Mr.A.Anandan RR1 & 2 Government Advocate Mr.V.Subbiah R3

O R D E R

The petitioner has filed this writ petition seeking direction to the respondents to receive the agricultural land tax from the petitioner for the land situated in S.N.75-2A measuring 1.74 acres in 162, Kilpennathur Village, Thiruvannamalai District.

2. The facts of the case are as follows:

The petitioner is the owner of the property in S.No.75-2A

measuring an extent of 1.74 acres situated at Kilpennthur Village. The State Government has issued notification for acquiring the agricultural land. Challenging the said notification, the petitioner has filed a writ petition before this court in W.P.No.191/1985 and the same was allowed by order dated 04.10.1993. Thereafter, the petitioner tried to pay the land tax for the aforesaid land to the respondents and the respondents have refused to receive the amount. Therefore, the present writ petition has been filed before this Court seeking the appropriate remedy.

3. Heard the learned counsel for the petitioner, the learned Government Advocate appearing on behalf of the Government and the learned counsel for the 3rd respondent and perused the materials available on record.

4. Considering the facts and circumstances of the case and the limited relief sought for by the petitioner, this Court directs the petitioner to make a fresh representation to the concerned respondent along with all the necessary documents and also a copy of this order within a period of two weeks from the date of receipt of a copy of this order. After receipt of such representation, respondents shall consider the same and pass appropriate order, after affording opportunity to the necessary parties, on merits and in accordance with law within a period of twelve weeks, thereafter.

5. With the above directions, this Writ Petition is disposed of. No costs.

Sd/- Assistant Registrar(CS V) //True Copy// Sub Assistant Registrar rli To

1. The Commissioner of Secretary to Government of Tamil Nadu, Agricultural Department, Chennai-2.

2. The Sub-Collector cum District Revenue officer, Thiruvannamalai Division,

3. The Secretary, Thiruvannamalai Marketing Committee, +1cc to the Government Pleader, S.R.No.15866 W.P. No.15466 of 2012 AJS(CO) CT 25/03/2022