Selvam v. The District Collector

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 01.02.2017

CORAM:

THE HONOURABLE MR.JUSTICE K.RAVICHANDRABAABU W.P.(MD)No.1565 of 2017 AND W.M.P.(MD).No.1264 of 2017 Selvam .. Petitioner Vs.

1. The District Collector, Sivagangai District, Sivagangai.

2. The Assistant Director (Town Panchayaths), Sivagangai District, Sivagangai.

3. The Executive Officer, Thirupuvanam Selection Grade Town Panchayath, Sivagangai District.

4. A.Eswaran,

5. E.Gowri.

... Respondents PRAYER: Writ Petition is filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus directing the 2nd respondent to consider the petitioner appeal representation dated 07.04.2016 challenging the order of the 3rd respondent in illegally mutating the house tax for the house bearing D.No. 23A24 and 23A-25 in Ward NO. 13 Thirupuvanam Town Panchayath in the name of the 5th respondent within a stipulated time. For Petitioner : Mr.K.Kumaravel For R1 and R2 : Mr.C.Selvaraj Special Government Pleader For R3 : Mr. G.Muthukannan

O R D E R

The petitioner seeks for direction to the second respondent to consider and dispose of his appeal dated 07.04.2016 filed before the second respondent challenging the order of the third https://hcservices.ecourts.gov.in/hcservices/

respondent whereby, the third respondent has mutated some changes in the property tax records.

2.It appears that there is a dispute between the petitioner and the respondents 4 and 5 with regard to such entry. Therefore, the second respondent has to consider and decide the appeal on its own merits and in accordance with law after hearing the parties concerned.

3.This Court, at this stage, is not expressing any view on the claim made by the petitioner in the appeal. Accordingly, this writ petition is disposed of only by directing the second respondent to consider and pass orders on the appeal filed by the petitioner, dated 07.04.2016 on its own merits and in accordance with law, after giving due opportunity of hearing to the respondents 4 and 5 as well. Such exercise shall be done by the second respondent, within a period of twelve weeks from the date of receipt of a copy of this order. No costs. Consequently, connected Miscellaneous petition is closed.

Sd/- Assistant Registrar(Records) /True Copy/ Sub Assistant Registrar To

1. The District Collector, Sivagangai District, Sivagangai.

2. The Assistant Director (Town Panchayaths), Sivagangai District, Sivagangai.

3. The Executive Officer, Thirupuvanam Selection Grade Town Panchayath, Sivagangai District.

+1 cc to MR.K.KUMARAVEL, Advocate SR.No.6164 W.P.(MD)No.1565 of 2017 01.02.2017 SMA/CM-MSA/15.02.2017:2P/5C https://hcservices.ecourts.gov.in/hcservices/