S.Gunasekaran v. The State Of Tamil Nadu

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATE: 21.04.2015

CORAM

THE HONOURABLE MR.JUSTICE M.SATHYANARAYANAN W.P.No.11578 of 2015

1. S.Gunasekaran

2. Thamaraiselvi .. Petitioners

Versus

The State of Tamil Nadu by

1. The District Collector, Salem.

2. The Executive Officer, Omalur Town Panchayat, Selection Grade, Omalur, Salem District - 636 455.

3. T.Sukumar .. Respondents Prayer: This Writ Petition is filed under Article 226 of the Constitution of India, seeking for a writ of mandamus, directing the second respondent to consider and dispose off the representation of the first petitioner dated 17.08.2014 for assessment of property and water tax in the name of the petitioners herein.

For Petitioners : Mr.N.Karthikeyan For Respondents : Mr.S.Pattabiraman (for R1) Government Advocate Mr.R.Rajeswaran (for R2) Special Government Pleader.

O R D E R

By consent, the main writ petition is taken up for final disposal.

2. The 1st petitioner in his representation dated 17.08.2014, prayed for transfer of property tax assessment and water tax assessment in the name of the petitioners herein, by placing reliance on the Civil Court decree in O.S.No.17 of 2011 passed by the Court of District Munsif at Omalur and cancellation of patta

ordered in REP No.1 of 2014 and other documents and as the said representation was not considered, two legal notices dated 17.01.2015 and 18.02.2015 were sent and since, he has not been favoured with any response, came forward to file this writ petition.

3. Heard the submissions of Mr.N.Karthikeyan, learned counsel appearing for the petitioners, Mr.S.Pattabiraman, learned Government Advocate, who accepts notice for the 1st respondent and Mr.R.Rajeswaran, learned Special Government Pleader, who accepts notice for the 2nd respondent.

4. This Court, taking into consideration the limited scope of the prayer sought for by the petitioners and without going into the merits of the representation as well as the contents of the above said legal notices, directs the 2nd respondent to consider the representation dated 17.08.2014 submitted by the 1st petitioner and legal notices sent on behalf of the petitioners on 17.01.2015 and 18.02.2015, on merits and in accordance with law, after putting on notice the 3rd respondent and pass orders, as expeditiously as possible and not later than eight weeks from the date of receipt of a copy of this order and inform the decision taken to the petitioners as well as to the respondents.

5. The writ petition is disposed of, accordingly. No costs. Sd/- Assistant Registrar //True Copy// Sub Assistant Registrar ars

To

1. The District Collector, Salem.

2. The Executive Officer, Omalur Town Panchayat, Selection Grade, Omalur, Salem District - 636 455.

1 cc to Mr.N.Karthikeyan ,Advocate, SR.No.21692 2 cc to Government Pleader,Sr.No21817 & 21786 W.P.No.11578 of 2015 sr(co) pmk.13.5.2015