G. Jayaraj Pandian v. The Director Of Town Panchayat

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 28.03.2023

CORAM:

THE HONOURABLE MS.JUSTICE P.T.ASHA and W.M.P.(MD) Nos.2352 and 2353 of 2020 G.Jeyaraj Pandian .. Petitioner Vs.

1.The Director of Town Panchayats, O/o. Directorate of Town Panchayats, 7th and 8th Floor, Urban Administrative Office Campus, Chennai-600 028.

2.The Assistant Director of Town Panchayats, Tirunelveli Region, Palayamkottai, Tirunelveli District.

3.The Executive Officer, Sivagiri Selection Grade/Town Panchayat, Sivagiri, Tenkasi District.

4.R.Jeyanthi Rani 5.Ramachandran .. Respondents Prayer: Petition filed under Article 226 of the Constitution of India, praying for issuance of Writ of Certiorarified Mandamus calling for the

records pertaining to the impugned order in Na.Ka.No.16/2019 dated 28.01.2020 passed by the third respondent with respect to the cancelling of the assessment numbers Ka.Ma.No.86/2011-12 and 112/2012-13 and property assessment number for old tax assessment No.7604 into new tax assessment No.2651 and drinking water connection No.469 for the houses, with Door Nos.59/1 and 59/2 ad thereby directing the third respondent to collect the taxes as per the erstwhile assessment from the petitioner in Sivagiri selection grade town panchayat in Tenkasi District. For Petitioner :

Mr.F.X.Eugene For RR1 & 2 :

Mr.A.Sivanupandian Government Advocate For R3 :

Mr.M.Rajarajan For RR4 & 5 :

Mr.N.S.Karthikeyan

ORDER

The petitioner has filed this writ petition challenging the impugned order dated 28.01.2020 passed by the third respondent. Further direction is sought to the third respondent to collect the taxes as per the erstwhile assessment from the petitioner in Sivagiri selection grade town panchayat in Tenkasi District.

2. It is brought to the notice of this Court that the petitioner has filed a suit in O.S.No.115 of 2019 on the file of the Principal District Munsif's Court, Sivagiri for the very same relief.

3. In view of the fact that for the very same relief, the petitioner has approached the civil Court, this writ petition is not maintainable before this Court. Hence, this Writ Petition is dismissed. No costs. Consequently, connected miscellaneous petitions are closed. 28.03.2023 NCC : Yes/No Index : Yes/No Internet : Yes abr To 1.The Director of Town Panchayats, O/o. Directorate of Town Panchayats, 7th and 8th Floor, Urban Administrative Office Campus, Chennai-600 028.

2.The Assistant Director of Town Panchayats, Tirunelveli Region, Palayamkottai, Tirunelveli District.

P.T.ASHA, J.

abr 3.The Executive Officer, Sivagiri Selection Grade/Town Panchayat, Sivagiri, Tenkasi District.

Dated: 28.03.2023