Madras High CourtWP(MD)/3893/2022disposed of

Tmt. Sathya.K v. The District Collector

2023-01-12Honourable Mr Justice G.R.Swaminathan4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 12.01.2023

CORAM

THE HON'BLE MR.JUSTICE G.R.SWAMINATHAN WP(MD)No.3893 of 2022 K.Sathya ... Petitioner v.

1.The District Collector, Sivagangai District, Sivagangai.

2.The Assistant Director (Panchayats), Sivagangai.

3.The Block Development Officer (VP), Thiruppathur, Sivagangai District.

4.The Tahsildar, Thiruppathur Taluk, Sivagangai District.

5.The Head Master, S.M.H.Higher Secondary School (Aided), Keezh Sival Patti, Thiruppathur Taluk, Sivagangai District.

6.The President, Keezh Sival Patti Panchayat Council, Thiruppathur Taluk, Sivagangai District.

... Respondents 1/4

Prayer: Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus, directing the respondents 1 and 2 to take action on the petitioner's representation dated 01.12.2021 and to pass appropriate orders to permit the North Ilaiyanthangudi Panchayat to collect the professional tax from the fifth respondent school staff. For Petitioner : Mr.S.Ramu For Respondents : Mr.B.Saravanan Additional Government Pleader for R1, R2 & R4 Mr.R.Ragavendran for R3 No appearance for R5&R6

ORDER

Heard the learned counsel for the petitioner and the learned Additional Government Pleader for the official respondents. Though the respondents 5 and 6 have been served, they have not chosen to enter appearance. 2.The petitioner is the president of a local body. The case of the petitioner is that the fifth respondent school is located within their panchayat limits. The petitioner's grievance is that instead of paying professional tax to the petitioner's panchayat, the fifth respondent is paying the same to the sixth respondent. Such a dispute will have to be decided only by the Inspector of 2/4

Panchayats/District Collector. The District Collector, Sivagangai is directed to consider the representation dated 01.12.2021 filed by the petitioner and pass orders within a period of eight weeks from the date of receipt of copy of this order. The first respondent shall hear the petitioner, the fifth respondent as well as the sixth respondent before passing final order. I have not gone into the merits of the matter. No costs.

12.01.2023 Index : Yes / No Internet : Yes / No NCC : Yes / No SKM To 1.The District Collector, Sivagangai District. 2.The Assistant Director (Panchayats), Sivagangai. 3.The Block Development Officer (VP), Thiruppathur, Sivagangai District. 4.The Tahsildar, Thiruppathur Taluk, Sivagangai District. 5.The Head Master, S.M.H.Higher Secondary School (Aided), Keezh Sival Patti, Thiruppathur Taluk, Sivagangai District. 6.The President, Keezh Sival Patti Panchayat Council, Thiruppathur Taluk, Sivagangai District.

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G.R.SWAMINATHAN, J.

SKM WP(MD)No.3893 of 2022 12.01.2023 4/4