Madras High CourtWP/2034/2010disposed of

B.Jayachandran, v. The District Collector,

2022-10-10Honourable Mr Justice N. Sathish Kumar4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 10.10.2022

CORAM:

THE HONOURABLE MR.JUSTICE N. SATHISH KUMAR B.Jayachandran ... Petitioner Vs.

1.The District Collector Coimbatore District, Coimbatore 2.Tahsildar Coimbatore South Taluk Office Huzur road, Coimbatore-18 3.V.Muralidharan ... Respondents PRAYER: Writ petition filed under Article 226 of the Constitution of India praying to issue a Writ of Certiorarified mandamus calling for the records relating to the order passed by the 1st respondent in Na.Ka.12810 of 2009/E1 dated 10.12.2009, quash the same and consequently direct the second respondent to issue land tax receipts to the petitioner. For Petitioner : No Appearance For Respondents : Mr.D.Gopal, Govt.Advocate for R1 and 2 No Appearance for R3

O R D E R

There is no representation for the petitioner.

2. The Writ Petition has been filed challenging the order of the 1st respondent canceling the land tax receipt issued in the name of the petitioner.

3. It is the case of the petitioner that patta has been issued under settlement proceedings in his favour. Ever since the issuance of patta the petitioner is in possession of the property. Whereas the 3rd respondent is trying to create right over the property and sent several representation to the official respondents. The petitioner also filed suit in O.S.No.354 of 2009. Pending suit on the basis of the representation of the 3rd respondent the Collector has cancelled the house tax receipt issued in favour of the petitioner.

4. As the entire issue itself revolves around title and the Civil Suit is pending between the parties, if the petitioner establishes his right over the property, the authority shall consider the same and issue land tax receipt based on the decision of the Civil Court.

Writ Petition is disposed of with the above observation. No costs. 10.10.2022 kpr Internet:Yes Speaking/Non speaking order To 1.The District Collector Coimbatore District, Coimbatore 2.Tahsildar Coimbatore South Taluk Office Huzur road, Coimbatore-18

N. SATHISH KUMAR, J.

kpr 10.10.2022