Madras High CourtWP(MD)/1623/2021disposed of

Alagarsamy v. The Executive Officer

2023-03-29Honourable Ms. Justice P.T. Asha4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 29.03.2023

CORAM

THE HONOURABLE Ms.JUSTICE P.T.ASHA Alagarsamy ... Petitioner /vs./ 1.The Executive Officer, Town Panchayat, Vadamadurai, Dindigul District.

2.The District Collector cum Inspector of Panchayat, Office of the District Collectorate, Dindigul District.

... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Mandamus, directing the respondents to resort to follow the prevailing rules of practice followed in the Town Panchayat Vadamadurai in collecting property tax and also direct the respondents to refund the excess amount of property tax of Rs.15,34,291/- collected from the petitioner with due interest therein.

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For Petitioner : Mr.N.S.Ponnaiah For Respondents : Mr.M.Senthil Ayyanar Government Advocate

ORDER

The above writ petition has been filed for issue of a Mandamus to direct the respondents to resort to follow the prevailing rules of practice followed in the Town Panchayat Vadamadurai in collecting property tax and to direct the respondents to refund the excess amount of property tax of Rs.15,34,291/- collected from the petitioner with due interest therein. 2.From a perusal of the affidavit filed by the petitioner, it appears that an appeal petition dated 19.10.2020 has been preferred by the petitioner to the second respondent, namely the District Collector cum Inspector of Panchayat, Office of the District Collectorate, Dindigul District. However, there was no response from him.

3.Considering the fact that an appeal has been filed, direction is issued to the second respondent to dispose of the appeal of the petitioner dated 19.10.2020 2/4

within a period of one month from the date of receipt of a copy of this order after issuing notice to all the parties concerned and after giving them a personal hearing to make their submissions.

4.With the above direction, the Writ Petition is disposed of. However, there shall be no order as to costs.

Speaking : Yes / No 29.03.2023 NCC : Yes / No Internet : Yes / No Index : Yes / No mm To 1.The Executive Officer, Town Panchayat, Vadamadurai, Dindigul District.

2.The District Collector cum Inspector of Panchayat, Office of the District Collectorate, Dindigul District.

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P.T.ASHA, J.

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