Madras High CourtWP(MD)/16199/2015disposed of

Rajagopal v. The District Collector

2015-09-07Honourable Mr Justice R.Subbiah2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED :07.09.2015

CORAM

THE HONOURABLE MR.JUSTICE R.SUBBIAH W.P(MD).No.16199 of 2015 Rajagopal ..Petitioner Vs.

1.The District Collector, Tirunelveli District, Tirunelveli.

2.The Block Development Officer, Sankarankovil, Tirunelveli District.

3.The Panchayat President, Karivalamvanthanallur, Sankarankovil Taluk, Tirunelveli District. ...Respondents This Writ Petition has been filed under Article 226 of the Constitution of India praying for a Writ of Mandamus directing the first and second respondents herein to consider the petitioner's representation, dated 17.08.2015 to issue suitable direction, directing the third respondent to assess House Tax Receipt within the time frame stipulated by this Court.

For petitioner : Mr.J.C.Rathinavel Pandian For R-1 : Mr.M.Rajarajan, Government Advocate For R-2 & R-3 :Mr.K.Mahesh Raja, Government Advocate

ORDER

The Writ Petition has been filed praying for a Writ of Mandamus directing the first and second respondents herein to consider the petitioner's representation, dated 17.08.2015 to issue suitable direction, directing the third respondent to assess House Tax Receipt within a stipulated time.

2. Mr.M.Rajarajan, learned Government Advocate takes notice for the first respondent and Mr.K.Mahesh Raja, learned Government Advocate takes notice for the respondents 1 and 2.

3. By consent, this Writ Petition itself is taken up final disposal. https://hcservices.ecourts.gov.in/hcservices/ 4.It is averred in the petition filed in support of the Writ Petition that the petitioner is a resident of Karivalamvanthanallur, Sankarankovil

Taluk, Tirunelveli District and the property in Natham Survey No.1433/6 belongs to the petitioner. The petitioner constructed a house in the said property. Thereafter, the petitioner made a representation to the third respondent to assess the house tax for the newly constructed house. Since the same was not considered so far, the petitioner has come forward with the Writ Petition for the above stated relief.

5. Considering the submissions made on either side, without going into the merits of the matter, this Court directs the third respondent to consider the representation of the petitioner, dated 17.08.2015 and pass appropriate orders on merits and in accordance with law by affording an opportunity of hearing to the petitioner, within a period of four weeks from the date of receipt of a copy of this order. It is made clear that this Court has not expressed any opinion on the merits of the claim made by the petitioner and it is for the third respondent to consider the same purely on merits.

With the above direction, the Writ Petition is disposed of. No Costs.

Sd/- Assistant Registrar (Per.Admn) /True Copy/ Sub Assistant Registrar pm To 1.The District Collector, Tirunelveli District, Tirunelveli.

2.The Block Development Officer, Sankarankovil, Tirunelveli District.

3.The Panchayat President, Karivalamvanthanallur, Sankarankovil Taluk, Tirunelveli District.

+1CC to MR.J.C.Rathavel Pandian Advocate Sr.No.52187 +1CC to Spl.Government Pleader Sr.No.52896 GJM/SKS/RR/21.9.15-2P-6C W.P(MD).No.16199 of 2015 07.09.2015 https://hcservices.ecourts.gov.in/hcservices/