Lawrence Mahilan Raja v. Raja Punitha

CONT.P.(MD)No.48 of 2022 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 01.02.2022

CORAM:

THE HONOURABLE MR.JUSTICE C.V.KARTHIKEYAN CONT.P.(MD)No.48 of 2022 in W.P(MD)No.10039 of 2020 Lawrence Mahilan Raja :Petitioner/Petitioner .vs.

Raja Punitha, The President, Kommadikottai Village Panchayat, Santhankulam Panchayat Union, Tuticorin District.

:Contemnor/3rd Respondent PRAYER: Contempt Petition filed under Section 10 of the Contempt of Courts Act, to initiate contempt proceedings against the contemnor/3rd respondent and punish her for the willful disobedience of the order of the Court in W.P.(MD)No.10039 of 2020, dated 19.11.2020.

Prayer in WP(MD). 10039/ 2020 :

Writ Petition is filed under Article 226 of the Constitution of India, praying this Court To issue a WRIT OF MANDAMUS directing the 3rd respondent to assess the appropriate house Tax and issue house Tax Receipt to the Petitioners house in S.F. 62/2B at kommadikkottai village, Sathankulam Taluk, Tuticorin District, on the basis of his representation dated 05.05.2020, within time frame fixed by this Honble Court. For Petitioner : Mr.D.S.Haroon Rasheed For Respondent : Mr.D.Ghandiraj Special Government Pleader

O R D E R

The Writ Petition had been filed, seeking a Mandamus to assess the House Tax and issue House Tax receipt. By an order dated 19.11.2020, a learned Single Judge of this Court had disposed of the Writ Petition directing the third respondent in the Writ Petition to pass final orders on the representation.

2.It has been stated that orders have been passed. The grievance of the learned Counsel for the petitioner is that though https://hcservices.ecourts.gov.in/hcservices/ 1/2

CONT.P.(MD)No.48 of 2022 he sought House Tax receipts, the order passed was interfering or rather cancelling the planning permission for the house itself. 3.This is justified by Mr.D.Ghandiraj, learned Special Government Pleader that the building itself has been constructed violating the rules and regulations and therefore, cancellation of the building plan implies that the petitioner is not entitled for House Tax.

4.The petitioner may workout his remedies. Accordingly, the Contempt Petition no longer lies.

5.With the said observation, this Contempt Petition is closed. No costs.

Sd/- Assistant Registrar (Records) // True Copy // / /2022 Sub Assistant Registrar(CS) lr Note :In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate / litigant concerned.

To The President, Kommadikottai Village Panchayat, Santhankulam Panchayat Union, Tuticorin District.

+1 CC to M/s.SPL.GP ( SR-3690[F] dated 02/02/2022 ) CONT.P.(MD)No.48 of 2022 01.02.2022 SAR(CO) KB(14.02.2022) 2P 3C https://hcservices.ecourts.gov.in/hcservices/ 2/2