E.Thomas, S/O.Esaac Nadar v. The State Of Tamilnadu

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 11.02.2022

CORAM

THE HONOURABLE DR.JUSTICE ANITA SUMANTH W.P.No.27712 of 2012 E.Thomas

...Petitioner

Vs 1.The State of Tamil Nadu Rep. By The Secretary to Government, Rural evelopment Panchayat Raj Department, Fort St. George, Chennai-600 009.

2.The Panchayat President, Chidambarampuram - Jacobpuram Panchayat, North Street, Jacobpuram, Radhapuram Taluk, Tirunelveli District.

3.The District Collector, Tirunelveli District, Tirunelveli.

4.The Tahsildhar, Radhapuram Taluk, Radhapuram.

...Respondents

Prayer : Writ Petition filed under Article 226 of the Constitution of India, to issue a Writ of Certiorarified Mandamus, calling for all the connected records pertaining to the passing of the order dated 20.12.2011 in proceedings No.18908/PR2/2010-5 on the file of the 1st Respondent and quash the same consequently direct the 2nd Respondent to issue the house tax, water tax receipts as Jacobpuram instead of Chidambarampuram for the houses which falls in Survey Nos:84 and 85 of Pazhavoor Revenue Village, Part-II, Radhapuram Taluk, Tirunelveli District.

For Petitioner :

Mr.G.Justin For Respondents :

Mr.TNC.Kaushik (for R1, R3 & R4) Additional Government Pleader Mr.R.Ravichandran (for R2)

O R D E R

Heard Mr.G.Justin, learned counsel appearing for the petitioner, Mr.TNC.Kaushik, learned Additional Government Pleader for R1, R3 & R4 and Mr.R.Ravichandran, learned counsel for R2.

2.The petitioner has prayed for a quash of order dated 20.12.2011 passed by the Secretary to Government, Rural Development, Panchayatraj Department and a consequential direction to the 2nd respondent to issue house tax and water tax receipts as Jacobpuram instead of Chidambarapuram, for houses which are in S.Nos.84 and 85 of Palavoor Revenue Village Part, Radhapuram Taluk, Tirunelveli District.

3.One Mr.Stalin has filed a writ petition in WP(MD)No.3601 of 2013 praying for a mandamus directing the first and second respondents to write the name of Chidambarapuram-Jacobpuram Panchayat at Chidambarapuram Panchayat Union in Panchayat office and to adopt the same name in all Government buildings and Government records.

4.That writ petition appears to have been allowed as against which a review application came to be filed by the present petitioner along with interested third parties. The review application was disposed on 09.04.2014 by a Division Bench sitting at Madurai.

5.The Division Bench holds at paragraph 9, that even the present writ petition that is WP(MD)No.27712 of 2012 is not maintainable. The relevant paragraph is extracted below: '9.The problem for the review applicants appears to be that the first respondent may make use of this order in the writ petition now pending on the file of the Principal Bench of this Court in W.P(MD)No.27712 of 2012. But we do not think so. Apart from the fact that neither the writ petition filed by the first respondent herein, nor the writ petition now pending before the Principal Bench, both are not maintainable, there is nothing for the respondents to take advantage of in pursuance of the order under review. Therefore, the review application is dismissed. No costs. Consequently, connected miscellaneous petition is closed.'

6.Thus, the impugned order, detained in its reasoning as to why the request of the petitioner is not liable to be accepted,

warrants no interference, the same is confirmed and this writ petition, dismissed. No costs.

Sd/- Assistant Registrar(CS-V) //True Copy// Sub Assistant Registrar vs To 1.The State of Tamil Nadu Rep. By The Secretary to Government, Rural evelopment Panchayat Raj Department, Fort St. George, Chennai-600 009.

2.The Panchayat President, Chidambarampuram - Jacobpuram Panchayat, North Street, Jacobpuram, Radhapuram Taluk, Tirunelveli District.

3.The District Collector, Tirunelveli District, Tirunelveli.

4.The Tahsildhar, Radhapuram Taluk, Radhapuram.

+1cc to M/s.R.Ravichandran, Sr.No.9099 W.P.No.27712 of 2012 SKM(CO) RVM(29/03/2022)