S.Ganapathi v. The Secretary To Government

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 19.04.2023 CORAM :

THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH S.Ganapathi Vice President 894 Ottarpalayam Street Vengal Village Thiruvallur District and Taluk Vengal 601 103.

... Petitioner -Vs1. The Secretary to Government Rural Development and Panchayat Raj Department Fort St.George , Chennai 600 009.

2. The Director of Rural Development and Panchayat Raj Panagal Building Saidapet, Chennai 15

3. The District collector Thiruvallur District Thiruvallur 602 001.

4. The Assistant Director (Vill age Panchayat) District Collectorate Complex Thiruvallur District Thiruvallur - 602 001 .

5. The Block Development Officer Village Panchayat Ellapuram Panchayat Union Ellapuram 601 102 Thiruvallur District.

6. M/s. Win Wind Power Energy Pvt. Ltd.

Rep. by its Managing Director Vengal Village 601 103 Thiruvallur Taluk and District

7. The President / Executive Authority Vengal 601 103 Thiruvallur Taluk and District.

8. M/s. Agniti Industrial Parks Private Limited Rep. by its Managing Director 121/3 TTK Road Alwarpet Chennai 600018.

.. Respondents Writ Petition under Article 226 of the Constitution of India praying for the issuance of a Writ of Mandamus, directing the 3rd respondent herein to consider and pass appropriate orders on the petitioner representation dated 15.12.2022 wherein the petitioner requested the 3rd respondent herein to take appropriate action against the 7th respondent herein under Section 205 of the Tamil Nadu Panchayat Act and the rules made thereunder by providing an opportunity of hearing to the petitioner herein and other parties herein.

For Petitioner Mr.Thirumavalavan For Respondents Mrs.S.Mythreye Chandru Special Government Pleader for R1, R2, R3 and R4 Mr.A.M.Ayyathurai Government for R5, R7

O R D E R

This writ petition has been filed for the issue of a writ of mandamus directing the third respondent to consider the representation made by the petitioner on 15.12.2022, wherein the petitioner has sought for taking action against the President of the Village Panchayat viz., the 7th respondent u/s 205 of the Tamil Nadu Panchayat Act (for brevity 'the Act').

2.The petitioner is the Vice President of the Panchayat and according to him there is a huge arrears of property tax payable by the 6th and 8th respondents. The 7th respondent is not taking any steps to recover the property tax and as a result, the Village Panchayat is deprived of revenue. In view of the same, the petitioner gave a complaint before the 3rd respondent to take action against the 7th respondent u/s 205 of the Act. Since the same was not considered, the present writ petition has been filed

before this Court.

3.The learned counsel appearing on behalf of the 7th respondent submitted that the allegation made by the petitioner is incorrect and he contended that the 7th respondent has taken all the steps to recover the property tax from the private Companies. The written instructions received from the 7th respondent was also placed before this Court.

4.In the considered view of this Court, the concerned authority to take action u/s 205 of the Act, is only the District Collector. Therefore, the 7th respondent has to give this explanation only before the 3rd respondent. This Court does not want to go into the merits of the case and it will suffice if a direction is given to the 3rd respondent to deal with the representation made by the petitioner on its own merits and in accordance with law.

5.In the result, this writ petition is disposed of with a direction to the 3rd respondent to deal with the representation made by the petitioner on 15.12.2022, on its own merits and in accordance with law. The 3rd respondent shall take into account the explanation given by the 7th respondent and thereafter take a decision. This exercise shall be completed by the 3rd respondent within a period of eight weeks from the date

of receipt of copy of this order.

6.This writ petition is disposed of with the above directions. No costs. 19.04.2023 KP Internet : Yes/No Index : Yes/No Speaking Order:Yes/No To 1.The Secretary to Government Rural Development and Panchayat Raj Department, Fort St.George, Chennai 600 009.

2. The Director of Rural Development and Panchayat Raj Panagal Building , Saidapet, Chennai 15

3. The District collector Thiruvallur District Thiruvallur 602 001.

4. The Assistant Director (Vill age Panchayat) District Collectorate Complex Thiruvallur District, Thiruvallur - 602 001 .

5. The Block Development Officer Village Panchayat Ellapuram Panchayat Union Ellapuram 601 102, Thiruvallur District.

6. The President / Executive Authority

Vengal 601 103 Thiruvallur Taluk and District.

N.ANAND VENKATESH, J.

KP 19.04.2023