E.Kathirvel v. The District Collector

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 13.04.2018

CORAM:

THE HONOURABLE MR.JUSTICE M.S.RAMESH W.P.(MD) No.8125 of 2018 E.Kathirvel ... Petitioner Vs.

1.The District Collector, Thoothukudi District, Thoothukudi.

2.The Executive Officer, Selection Grade Town Panchayat, Sathankulam, Thoothukudi District.

... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Mandamus, directing the second respondent to receive the house tax from the petitioner in respect of his house property bearing D.No.31, Chettiar Middle Street, Sathankulam, Thoothukudi District and issue tax receipt based on the representation dated 24.02.2017 in accordance with law without any further delay.

For Petitioner : Mr.A.S.Vaigunth For Respondents : Mr.J.Gunaseelan Muthiah, Additional Government Pleader.

ORDER

By consent of both parties, this writ petition is taken up for final disposal at the stage of admission itself. 2.It is the grievance of the petitioner that his representation dated 24.02.2017 with regard to receive the house tax and issue necessary receipt to the petitioner has not been considered by the second respondent till date and therefore, has filed the present writ petition.

3.This Court has not expressed any of its view with regard to the merits of the representation made by the petitioner. It is needless to point out that whenever a representation of this nature is made, the respondents are duty bound to consider the same in one way or other. Non consideration of the same would amount to dereliction of their ordinary duties of their office and as such this Court would be justified in invoking its powers under Article 226 of the Constitution of India to direct them to consider the petitioner's representation within a stipulated time. https://hcservices.ecourts.gov.in/hcservices/

4.In view of the limited prayer sought for in this writ petition, there shall be a direction to the second respondent to consider the petitioner's representation dated 24.02.2017 on its own merits and take further action in accordance with law, within a period of six weeks from the date of receipt of a copy of this order.

5.With the above direction, this writ petition is disposed of. No costs.

Sd/- Assistant Registrar (CSIII) /True Copy/ Sub Assistant Registrar To 1.The District Collector, Thoothukudi District, Thoothukudi.

2.The Executive Officer, Selection Grade Town Panchayat, Sathankulam, Thoothukudi District.

+1cc to Mr.A.S.Vaigunth, Advocate, SR.No.61579 Myr RL/4C/2P/KK/SAR1/26/4/2018 W.P.(MD)No.8125 of 2018 13.04.2018 https://hcservices.ecourts.gov.in/hcservices/