Sounthirapandi v. The Commissioner

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 04.02.2025

CORAM:

THE HONOURABLE MR.JUSTICE VIVEK KUMAR SINGH Sounthirapandi ... Petitioner -vsThe Commissioner, Aruppukottai Municipality, Aruppukottai, Virudhunagar District.

... Respondent PRAYER: Writ Petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, to direct the respondent to issue House Tax Receipt to the petitioner for his house property bearing Door No.8A, comprised in Survey Nos.249/1 and 249/2, situated at Ward B, Block 8, Puliyampatti Village, Aruppukottai Taluk, Virudhunagar District, by considering the petitioner's representation dated 27.12.2024.

For Petitioner : Mr.R.Murugappan For Respondent : Mr.N.Dilip Kumar Standing Counsel

ORDER

This Writ Petition has been filed seeking a direction to the respondent to issue House Tax Receipt to the petitioner for his house property bearing Door No. 8A, comprised in Survey Nos.249/1 and 249/2, situated at Ward B, Block 8, Puliyampatti Village, Aruppukottai Taluk, Virudhunagar District, by considering the petitioner's representation dated 27.12.2024.

2. Heard both sides. With the consent of both sides, this Writ Petition is disposed at the admission stage itself.

3. According to the petitioner, he was allotted a free house site Patta for Town Survey Nos.249/1 (measuring 0.22.5 Ares) and 249/2 (measuring 0.26.0 Ares), on which he has constructed a tiled house and has been residing for over 25 years. In order to avail Government welfare schemes and to secure loan from banks, the petitioner applied for a house tax receipt from the respondent via registered post dated 27.12.2024. He is ready to pay the house tax as per the terms and norms prescribed by the Government for the above-mentioned property. However, despite the same, the respondent has not issued the house tax receipt without any valid reason. Hence, the petitioner has filed this writ petition.

4. It is needless to point out that whenever a representation of this nature is made to a Statutory Authority, there is a duty cast upon him to consider the same on its own merits and pass appropriate orders in one way or other, instead of keeping the same pending indefinitely. As such, non-consideration of the representation by the Statutory Authority would amount to dereliction of duty and hence, this Court will be justified in invoking its extraordinary powers under Article 226 of the Constitution of the India and direct them to consider the same within a stipulated time.

5. In the light of the above observations, there shall be a direction to the respondent herein to consider the petitioner's representation dated 27.12.2024, on its own merits and pass appropriate orders in accordance with law, after giving due opportunity to the petitioner, within a period of two weeks from the date of receipt of a copy of this order. It is also made clear that this Court has not expressed any of its views with regard to the merits of the matter and that it is open to the respondent to consider the same on its own merits.

6. With the above directions, the Writ Petition stands disposed of. There shall be no order as to costs.

NCC : Yes / No 04.02.2025 Index : Yes / No smn2 To:- The Commissioner, Aruppukottai Municipality, Aruppukottai, Virudhunagar District.

VIVEK KUMAR SINGH , J.

smn2 04.02.2025