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Madras High CourtWP(MD)/22146/2018disposed of

B.Sundararajan, v. The Special Tahsildhar,

2018-10-30Honourable Mrs Justice J. Nisha Banu2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 30.10.2018

CORAM:

THE HONOURABLE MRS. JUSTICE J.NISHA BANU W.P.(MD)No.22146 of 2018 B.Sundararajan .. Petitioner Vs.

The Special Tahsildar, Adi Dravidar Welfare, Tahsildar Office, Paramakudi, Ramanathapuram District.

.. Respondent PRAYER: Writ Petition filed under Article 226 of the Constitution of India praying for issuance of a Writ of MANDAMUS, directing the respondent to consider the representation of the petitioner dated 15.08.2018 and pass orders within a stipulated time limit. For Petitioner : Mr.G.Maruthiah For Respondent : Mr.M.Rajarajan, Government Advocate

ORDER

By consent, this writ petition is taken up for final disposal at the stage of admission itself.

2. According to the petitioner, the property in Survey No.381/1A, to an extent of 1.05.0 Hectares at Kattu Paramakudi Village, Paramakudi Taluk, belongs to him and the same was acquired by the respondent, vide proceedings dated 26.07.1999. For the said acquisition, after several rounds of legal battle, a sum of Rs.34,45,163/- was fixed as compensation, of which, Rs.17,10,752/- is the interest portion. While settling the compensation amount, a sum of Rs.2,05,294/- was said to be deducted towards Income Tax, ie., Tax Deducted at Source (TDS) and to that effect, the petitioner was also issued with a Form No.16A. But, the grievance of the petitioner appears to be the said sum of Rs.2,05,294/- was not reflected in his income tax account and therefore, he made a representation to the respondent on 15.08.

2018, seeking particulars with regard to the transaction of the said sum of Rs.2,05,294/-. Since no reply is forthcoming for the said representation, the petitioner is before this Court, seeking a Writ of Mandamus, directing the respondent to pass orders on his representation dated 15.08.2018, within a stipulated time limit.

3. Mr.M.Rajarajan, learned Government Advocate takes notice on behalf of the respondent and submitted that the authorities would dispose of the said representation of the petitioner within a stipulated time frame.

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4. Considering the facts and circumstances of the case and also the limited scope of relief sought for, this Court, without adverting into the merits of the matter, directs the respondent to consider the representation of the petitioner dated 15.08.2018 and pass appropriate orders, on its own merits and in accordance with law, after affording due opportunity of personal hearing to the petitioner, within a period of four weeks from the date of receipt of a copy of this order.

5. This writ petition stands disposed of accordingly. No costs. Sd/- Assistant Registrar(CS-I) /True Copy/ Sub Assistant Registrar(CS-I) To The Special Tahsildar, Adi Dravidar Welfare, Tahsildar Office, Paramakudi, Ramanathapuram District.

+1CC to the Special Government Pleader SR.No.92913 W.P.(MD)No.22146 of 2018 30.10.2018 GK ES/SKN/RSK/SAR 1/22.11.2018/2P/3C https://hcservices.ecourts.gov.in/hcservices/