G.Philip @ Phlipraj v. The District Collector/ Inspector Of Panchayat,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 24.11.2025
CORAM
THE HONOURABLE MR.JUSTICE V.LAKSHMINARAYANAN G.Philip @ Philipraj .. Petitioner Vs.
1.The District Collector / Inspector of Panchayat, Kanchipuram District, Kanchipuram.
2.The Tahsildar, Uthiramerur Taluk, Kanchipuram District.
3.The Block Development Officer, Uthiramerur Taluk, Kanchipuram District.
4.The Village Administration Officer, Ammaiyappanallur Village, Uthiramerur Taluk, Kanchipuram District.
5.The Panchayat Secretary, Ammaiyappanallur Village Panchayat, 1/17
Uthiramerur Taluk, Kanchipuram District.
.. Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Certiorarified Mandamus, to call for the records, relating to the impugned proceedings of the 3 rd respondent in his proceedings in Na.Ka.No.08/2025/Aa1 dated 20.02.2025 and quash the same and consequently direct the 3 rd respondent to permit the petitioner to pay the property tax for the property situated at Old.S.No.12/1B1 part, New.S.No.166/34 of Ammaiyappanallur Village, Uthiramerur Taluk, Kanchipuram District vide Property Tax No.94. For Petitioner :
Mr.A.Ilayaperumal For Respondents :
Mr.L.S.M.Hasan Fizal Additional Government Pleader
O R D E R
I heard Mr.A.Ilayaperumal for the petitioner and Mr.L.S.M.Hasan Fizal, Additional Government Pleader for the respondents. 2/17
2.The grievance of the petitioner is that, when he attempted to pay the property tax for his property, the Block Development Officer informed him that unless the suit in O.S.No.34 of 2020, on the file of the District Munsif cum Judicial Magistrate at Uthiramerur, filed by him against the Ammaiyappanallur Village Panchayat, is withdrawn, proceedings will not be taken further.
3.A perusal of the impugned order shows that, the Block Development Officer had stated that on account of the pendency of the suit, the request to pay the property tax is not being considered. Taking serious note of the fact that an authority cannot call upon any person to withdraw a proceeding, as a condition precedent to perform their statutory duty, I called upon Mr.L.S.M.Hasan Fizal to get appropriate instructions. It will not be out of place to point out that the Supreme Court in Advocate General, State of Bihar Vs. Madhya Pradesh Khair Industries Ltd., AIR 1980 SC 946, held that calling upon a party to 3/17
withdraw a civil proceeding amounts to contempt of Court. When this aspect was brought to the notice of Mr.L.S.M.Hasan Fizal, he took time to get instructions from the Block Development Officer. 4.The 3 rd respondent viz., K.Manickkavelu, Block Development Officer, Uthiramerur, is present in Court. He has informed Mr.L.S.M.Hasan Fizal that the impugned proceedings are withdrawn. The instructions given are scanned and extracted hereunder:- 4/17
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5.As the impugned proceedings have been withdrawn, the certiorari part of the writ petition has been rendered unnecessary. The 3 rd respondent shall receive the property tax of the petitioner, in case, he is eligible for the same.
6.The issue regarding whether the petitioner is entitled to patta for the property under occupation is concerned, it is open for him to approach the authorities after the disposal of the Full Bench, which is dealing with the very same issue of grama natham, and the right of the Government over occupied and unoccupied nathams.
7.Accordingly, this Writ Petition is ordered. No costs. 24.11.2025 14/17
krk Index : Yes / No Internet : Yes / No : Yes / No To 1.The District Collector / Inspector of Panchayat, Kanchipuram District, Kanchipuram.
2.The Tahsildar, Uthiramerur Taluk, Kanchipuram District.
3.The Block Development Officer, Uthiramerur Taluk, Kanchipuram District.
4.The Village Administration Officer, Ammaiyappanallur Village, Uthiramerur Taluk, Kanchipuram District.
5.The Panchayat Secretary, Ammaiyappanallur Village Panchayat, Uthiramerur Taluk, Kanchipuram District.
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V.LAKSHMINARAYANAN, J.
krk 16/17
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