S. Davidraj v. The District Collector

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 12.07.2017 CORAM :

THE HONOURABLE MR.JUSTICE R.MAHADEVAN W.P(MD)No.14411 of 2014 and M.P(MD)No.1 of 2014 S.Davidraj ... Petitioner Vs.

1. The District Collector, Kanyakumari District.

2. The Executive Officer, Lakshmipuram Town Panchayat, Kallukootam and Post, Kalkulam Taluk, Kanyakumari District.

... Respondents PRAYER: Writ Petition is filed under Article 226 of the Constitution of India praying for issuance of a Writ of Certiorarified Mandamus calling for the records relating to the impugned order of the second respondent in Na.Ka.No.228/2012/A2 dated 30.01.2013 and quash the same and consequently direct the second respondent herein to restore the Door No.6/49-A in the name of the petitioner and assess the property to tax. For Petitioner : Mr.A.Rajkumar Sen For Respondents : Mr.S.Kumar, Additional Government Pleader for R.1 Mr.M.Rajarajan for R.2 * * * * *

ORDER

This writ petition has been filed challenging the order dated 30.01.2013 in the proceedings, namely, Na.Ka.No.228/2012/A2, by which, the petitioner's sister's prayer for having property tax assessment in her name was negatived.

2. Heard the learned counsel for the petitioner and the learned Additional Government Pleader for the first respondent as well as the learned counsel for the second respondent.

3. In the said impugned order dated 30.01.2013, it is mentioned that the Door No.6/49-A has been registered in the name of one C.Aaris, which according to the petitioner, is improper and hence, the petitioner has filed this writ petition challenging the said proceedings.

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4. The learned Counsel for the petitioner submitted that the petitioner is inclined to go before the authority concerned seeking necessary corrections in the records, with regard to the address mentioned, for which, the petitioner is also inclined to submit proper representation.

5. Considering the facts and circumstances of the case, this Court directs the petitioner to submit his representation to the second respondent herein within a period of two weeks from the date of receipt of a copy of this order. On receipt of the same, the second respondent shall consider the claim of the petitioner for having the Door No. 6/49-A to be entered in the name of the petitioner and pass appropriate orders on merits and in accordance with law, after providing due opportunity of hearing to the petitioner as well as to the interested parties, if any, within a period of four weeks thereafter.

6. With the above directions, this writ petition is disposed of. No costs. Consequently, connected Miscellaneous Petition is closed.

Sd/- Assistant Registrar (CO) /True copy/ Sub Assistant Registrar To

1. The District Collector, Kanyakumari District.

2. The Executive Officer, Lakshmipuram Town Panchayat, Kallukootam and Post, Kalkulam Taluk, Kanyakumari District.

+1 CC to M/s.A.RAJKUMAR, Advocate, SR No. 64772 +1 CC to THE SPECIAL GOVERNMENT PLEADER, SR No. 65292 GK PSM/SKN-RSK/SAR4/19.07.2017/2P/5C W.P(MD)No.14411 of 2014 and M.P(MD)No.1 of 2014 12.07.2017 https://hcservices.ecourts.gov.in/hcservices/