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Madras High CourtWP/19096/2015disposed of

Mrs.K.Lakshmi v. The District Collector

2015-07-01Honourable Mr Justice T.Raja3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 01.07.2015 CORAM :

THE HONOURABLE MR.JUSTICE T.RAJA W.P.No.19096 of 2015 K.Lakshmi ... Petitioner Vs

1. The District Collector Collectorate Office Cuddalore District Cuddalore

2. The Tahsildhar Taluk Office Panruti Tk. Panruti

3. The Panchayat President Office of Village Panchayat Lakshminarayanapuram Village Panruti Tk ... Respondents PRAYER : The Writ petition is filed under Article 226 of the Constitution of India praying for a Writ of mandamus directing the respondents to consider the representation of the petitioner dated 23.12.2014 requesting assessment property tax to the house situated in Plot No.64 measuring an extent of 1665 Sq.ft. in Survey No.103/3A1A Lakshminarayanapuram Village Panruti Taluk Cuddalore District within the reasonable time to be fixed by this Court. For Petitioner : Mr.M.Venkatakrishnan For Respondents : Mr.R.Lakshmi Narayanan, Additional Government Pleader

O R D E R

Heard the learned counsel for the petitioner and Mr.R.Laskhmi Narayanan, learned Additional Government Pleader, who took notice for the respondents and with their consent, the main writ petition is taken up for disposal.

2. This writ petition has been filed by K.Lakshmi, W/o K.Karunagaran, seeking a limited prayer to direct the respondents to consider her representation dated 23.12.2014, wherein, she made a request for assessment of property tax to her house situated in Plot No.64, measuring an extent of 1665 Sq.ft. in Survey No.103/3A1A, Lakshminarayanapuram Village, Panruti Taluk, Cuddalore District, within a time frame.

3. The petitioner, claims to be the absolute owner of the eastern portion of the property measuring an extent of 1665 sq.ft. in Survey No.103/3A1A, Lakshminarayanapuram Village, Panruti Taluk, Cuddalore District, by virtue of a registered sale deed dated 31.07.2006, executed by her vendor Mrs.Sulochana Ammal, W/o Muthu Narayana Reddiar. Since then, the petitioner has been in possession and enjoyment of the same. Subsequently, when the petitioner applied for electricity service connection in her name, the electricity department, sought for proof of ownership of the property.

Therefore, the petitioner, has approached the Tahsildhar, Panruti and the Panchayat President, respondents 2 and 3 herein, with a request for assessment of property tax to her house. Although the 3rd respondent assured positive action to be taken at the earliest, has not shown any interest on the request. Therefore, in view of the delay on the part of the respondents in considering the request of the petitioner for assessment of the property tax to her house, even after submitting a representation dated 23.12.2014 to the respondents by registered post with acknowledgment due, since no action has been taken, the petitioner has come before this Court.

4. This Court, prima-facie is of the view that when the petitioner having purchased the property under a registered sale deed dated 31.07.2006, is entitled to get her house assessed for property tax. Therefore, the respondents 2 and 3 are directed to consider the representation of the petitioner dated 23.12.2014 and assess the property tax for the land in question of the petitioner, within a period of two weeks from the date of receipt of a copy of this order and raise revenue therefrom.

The writ petition is disposed of accordingly. No costs. Sd/- Assistant Registrar(CS III) //True Copy// Sub Assistant Registrar

rg To

1. The District Collector Collectorate Office Cuddalore District Cuddalore

2. The Tahsildhar Taluk Office Panruti Tk. Panruti

3. The Panchayat President Office of Village Panchayat Lakshminarayanapuram Village Panruti Tk +1cc to the Government Pleader, S.R.No.32949 W.P.No.19096 of 2015 CTK(CO) CA(10/07/2015)