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Madras High CourtWP/30650/2025disposed of

M.Narasimhan v. The District Collector

2025-08-19Honourable Mrs.Justice N. Mala7 pages

DATED: 19-08-2025

CORAM

THE HONOURABLE MRS.JUSTICE N. MALA

1. M.Narasimhan S/o. Murugesan, Residing At Venkatasamudram Village, Kalampattu Village And Post, Latheri 632 202 K.V.Kuppam Taluk, Vellore District and 2 Others 2.M.Sureshbabu S/o. Murugesan, Residing At Venkatasamudram Village, Kalampattu Village And Post, Latheri 632 202 K.V.Kuppam Taluk, Vellore District 3.M.Nandhagopal S/o. Murugesan, Residing At Venkatasamudram Village, Kalampattu Village And Post, Latheri 632 202 K.V.Kuppam Taluk, Vellore District Petitioner(s) Vs

1. The District Collector Vellore District, Vellore Collectorate, Vellore 632 009

2.The Block Development Officer K.V.Kuppam Block Development Office, K.V. Kuppam Taluk, Vellore District 3.The Village Panchayat President Kalampattu Village Panchayat Office, Kalampattu K.V.Kuppam Taluk, Vellore District 632 202 4.S.Devarajulu S/o. Sriramulu, Venkatasamudram Village, Kalampattu Village And Post, Latheri 632 202 K.V. Kuppam Taluk Vellore District Respondent(s) PRAYER Writ petition filed under Article 226 of the Constitution of India praying for issuance of a writ of mandamus directing the 1st respondent to take proper action against the 3rd respondent for passing wrong resolution based on information to take decision for cancellation of the House Tax receipt in Tax Assessment No. 544 as per the petitioners representation dated 24.06.2025. For Petitioner(s):

R.Anbalagan For Respondent:

Mr.M.Shajakhan, Spl.GP for R1 M/s.P.Selvi,for RR 2 & 3

ORDER

(1)Mr.M.Shajakhan, learned Special Government Pleader accepts notice on behalf of the 1 st respondent. M/s.P.Selvi, learned counsel accepts notice on behalf of the respondents 2 and 3. With the consent of both the learned counsels, the main writ petition is taken up for final disposal at the admission stage itself.

(2)As no adverse orders are passed against the 4th respondent, notice to the 4th respondent is dispensed with.

(3)The writ petition is filed for a mandamus directing the 1st respondent to take action against the 3rd respondent, for passing wrong resolution deciding to cancel the house tax receipt in Tax Assessment No. 544, as per the petitioners' representation dated 24.06.2025.

(4)The petitioners state that their father late Murugesan, purchased a property under a Sale Deed dated 23.08.1999. The petitioners state that the said property was assessed to tax. The petitioners further state that their father died on 05.12.2021, leaving behind the petitioners as Class I legal heirs. The petitioners state that the 4th respondent herein, had filed a suit in OS.No.377/2022, on the file of the Sub Court, Katpadi, against the

petitioners' father Murugesan and due to the death of the petitioners' father, the petitioners herein were impleaded as defendants 2 to 4 in the suit. The petitioners state that taking advantage of the relationship of the 3rd respondent to the 4th respondent, the 4th respondent managed to get a letter on 05.04.2025, from the 3rd respondent cancelling the tax assessment receipt issued in favour of the 1st petitioner herein. The petitioners state that the legal notice dated 07.07.2025, issued to the respondents 1 to 3, did not evoke any reply. Therefore, the petitioners submitted a representation on 24.06.2025. However, for the said representation also, there was no response. Hence, the petitioners were constrained to file the above writ petition for the aforesaid relief.

(5)Heard both sides and perused the materials placed on record. (6)Even though the 4 th respondent filed a civil suit against the petitioners for comprehensive relief, by taking advantage of his relationship with the 4 th respondent, instigated the latter to cancel the tax assessment receipt issued in favour of the petitioners. The petitioners aggrieved by such cancellation, have filed the above writ petition.

(7)It is seen that the petitioners issued legal notice on 17.07.2025 and a representation on 24.06.2025, both of which evoked no response. (8)Hence, under the facts and circumstances of the case, without delving into the merits of the matter, this Court deems it appropriate to direct the 1 st respondent to consider and pass orders on the petitioners' representation dated 24.06.2025, on merits and in accordance with law, within a period of eight weeks from the date of receipt of a copy of this order. It is needless to state that the 3 rd respondent, shall afford an opportunity of hearing to the petitioners as well as the 4 th respondent, while considering the petitioners' representation.

(9)The writ petition is disposed of with the above direction. No costs. 19-08-2025 [2/2] AP Index:Yes/No Speaking/Non-speaking order Internet:Yes

To 1.The District Collector Vellore District, Vellore Collectorate, Vellore 632 009 2.The Block Development Officer K.V.Kuppam Block Development Office, K.V. Kuppam Taluk, Vellore District 3.The Village Panchayat President Kalampattu Village Panchayat Office, Kalampattu K.V.Kuppam Taluk, Vellore District 632 202 4.S.Devarajulu S/o. Sriramulu, Venkatasamudram Village, Kalampattu Village And Post, Latheri 632 202 K.V. Kuppam Taluk Vellore District

N.MALA J.

AP 19-08-2025