M.Bose v. The Executive Engineer

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 08.10.2020

CORAM

THE HONOURABLE MR. JUSTICE ABDUL QUDDHOSE M.Bose .. Petitioner Vs.

1.The Executive Engineer, O/o. The Executive Engineer, TNEB/TANGEDCO, Paramakudi, Ramanathapuram District.

2.The Assistant Executive Engineer, O/o. Assistant the Executive Engineer, TNEB/TANGEDCO, Kamudhi, Ramanathapuram District.

3.The Block Development Officer, O/o. The Block Development Officer (Village Panchayat), Ramanathapuram Taluk, Ramanathapuram District.

4.The Panchayat President, Pasumpon Panchayat, Kamudhi, Ramanathapuram District.

.. Respondents PRAYER: Writ Petition is filed under Article 226 of Constitution of India for issuance of Writ of Mandamus, directing the respondent No.4 to provide property tax receipt to the petitioner's fourt shops situated in Survey No.70/1B1, Thavasi Kuruchi Village, Pasumpon Panchayat, Kamudhi Taluk, Ramanathapuram District, so as to enable to obtain Electricity Connection for the said shops by considering the representation dated 12.09.2020 made by the petitioner within the time stipulated by this Court.

For Petitioner : Mr.I.Pinaygash For Respondents : Mrs.M.Rajeswari for Mr.SMS.Johnny Basha Standing counsel for R1 and R2 Mr.S.Angappan for R3 and R4 Government Advocate 1/3

ORDER

This writ petition has been filed for Mandamus seeking for a direction to the fourth respondent to assess the four shops belonging to the petitioner in S.No.70/1B1, Thavasi Kuruchi Village, Pasumpon Panchayat, Kamudhi Taluk, Ramanathapuram District, to property tax so as to enable him to obtain Electricity Connection for the said shops.

2.By consent of both sides, this writ petition is taken up for final disposal at the admission stage itself. 3.It is the case of the petitioner that he has constructed four shops, which is situated in the above mentioned address. According to him, he submitted an application on 10.12.2019 with the third respondent for assessment of property tax for the newly constructed four shops. According to him, till date, the shops have not been assessed to property tax. In view of the same, the petitioner states that he is unable to obtain electricity service connection from the first and second respondents. In such circumstances, this writ petition has been filed. 4.The relief sought for by the petitioner is an innocuous relief. He has applied to the third respondent for assessment of his four shops to property tax.

It is his case that till date, the assessment has not been done, despite the fact that he had submitted the application as early as on 10.12.2019. It is also the case of the petitioner that he has satisfied all the requirements of the third respondent for assessment of property tax in respect of the four shops. Subsequent to the submitting of the application for assessment of property tax on 10.12.2019, the petitioner has also made a representation to the respondents on 12.09.2020 seeking early assessment.

5.Therefore, this Court is inclined to direct the fourth respondent to consider the application of the petitioner, dated 10.12.2019 seeking property tax assessment of the afore mentioned four shops and pass final orders on merits and in accordance with law, within a period of four weeks from the date of receipt of a copy of this order.

6.With the aforesaid directions, this writ petition is disposed of. No costs.

Sd/- Assistant Registrar (AS) // True Copy // / /2020 Sub Assistant Registrar(CS) 2/3

Note:In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate/litigant concerned. To 1.The Executive Engineer, O/o. The Executive Engineer, TNEB/TANGEDCO, Paramakudi, Ramanathapuram District.

2.The Assistant Executive Engineer, O/o. Assistant the Executive Engineer, TNEB/TANGEDCO, Kamudhi, Ramanathapuram District.

3.The Block Development Officer, O/o. The Block Development Officer (Village Panchayat), Ramanathapuram Taluk, Ramanathapuram District.

4.The Panchayat President, Pasumpon Panchayat, Kamudhi, Ramanathapuram District.

08.10.2020 TM SDS (16.10.2020) 3P-5C 3/3