← Library
Madras High CourtWP(MD)/12793/2025disposed of

Thangavel v. The District Collector

2025-04-29Honourable Mr.Justice Vivek Kumar Singh5 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 29.04.2025

CORAM:

THE HONOURABLE MR.JUSTICE VIVEK KUMAR SINGH Thangavel ... Petitioner -vs1.The District Collector, Pudukkottai District, Pudukkottai.

2.The Block Development Officer, Block Development Office, Annavasal, Pudukottai.

3.The Special Officer, Block Development Office, Annavasal Panchayat Union, Annavasal, Pudukottai District.

... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing the second respondent to make property tax assessment in the name of the petitioner Thangavel in respect of Survey No.51/36 in Colony house at Door No.346/2, situated at Marunthanthalai, * Panampatti Panchayat, Illuppur Taluk, Pudukkottai District, by considering the petitioner's representation dated 02.04.2025.

For Petitioner : Mr.B.Sekar For R1 : Mr.K.S.Selva Ganesan Additional Government Pleader For R2 and R3 : Mr.A.Oli Raja Government Advocate

ORDER

This Writ Petition has been filed seeking a direction to the second respondent to make property tax assessment in the name of the petitioner in respect of Survey No.51/36, situated at Door No.346/2, Marunthanthalai, * Panampatti Panchayat, Illuppur Taluk, Pudukkottai District, by considering the petitioner's representation dated 02.04.2025.

2. By consent, this Writ Petition is taken up for final disposal at the admission stage itself.

3. Seeking issuance of a house tax receipt in his name, the petitioner submitted a representation dated 02.04.2025 to the respondents. As the said representation has not been considered till date, the petitioner has been constrained to file the present Writ Petition.

4. Heard both sides.

5. It is needless to point out that whenever a representation of this nature is made to a Statutory Authority, there is a duty cast upon him to consider the same on its own merits and pass appropriate orders in one way or other, instead of keeping the same pending indefinitely. As such, non-consideration of the representation by the Statutory Authority would amount to dereliction of duty and hence, this Court will be justified in invoking its extraordinary powers under Article 226 of the Constitution of India and direct them to consider the same within a stipulated time.

6. In the light of the above observations, there shall be a direction to the third respondent herein to consider the petitioner's representation dated 02.04.2025, on its own merits and pass appropriate orders in accordance with law, after giving due opportunity to the petitioner, as well as all other persons, who may be interested in the subject matter, within a period of eight weeks from the date of receipt of a copy of this order. It is also made clear that this Court has not expressed any of its views with regard to the merits of the matter and that it is open to the third respondent to consider the same on its own merits.

7. With the above directions, the Writ Petition stands disposed of. There shall be no order as to costs.

Sd/- Assistant Registrar * Corrected as per the order of this Court dated 30/06/2025 Sd/- Assistant Registrar // True Copy // / /2025 Sub Assistant Registrar (CS- I/ II / III / IV) smn2 To:- (*)To be substituted to the order already despatched on 03/06/2025 1.The District Collector, Pudukkottai District, Pudukkottai.

2.The Block Development Officer, Block Development Office, Annavasal, Pudukottai.

3.The Special Officer, Block Development Office, Annavasal Panchayat Union, Annavasal, Pudukottai District.

* +1 CC to M/s.B.SEKAR, Advocate ( SR-38402[F] dated 30/06/2025 ) +1 CC to M/s.SPL.GP ( SR-29377[F] dated 30/04/2025 & SR-30406[F] dated 02/05/2025 ) 29.04.2025 MGJ (30.05.2025) 5 6C Madurai Bench of Madras High Court is issuing certified copies in this format from 17.07.2023 CT (01/07/2025) 5 P/6C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023