Muthumari, W/O.Vadivel v. The District Collector,
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 31.10.2017
CORAM:
THE HONOURABLE MR.JUSTICE R.MAHADEVAN W.P(MD)No.18469 of 2017 and W.M.P(MD)No.14905 of 2017 Muthumari .. Petitioner Vs.
1. The District Collector, Madurai District, Madurai.
2. The Superintending Engineer, TANGEDCO, Madurai Division, Madurai.
3. The Special Officer, For Thoppur Village Panchayat (cum) Block Development Officer, Thiruparankundram Panchayat Union, Madurai District.
4. The Assistant Engineer, TANGEDCO, Thirunagar 3rd Stop, Thiruparankundram Taluk, Madurai District.
.. Respondents PRAYER: Writ Petition is filed under Article 226 of the Constitution of India praying for the issuance of a Writ of Mandamus, directing the third respondent to issue house tax receipt to the petitioner's house situated in plot No.22 of Ambedkar Nagar, Thoppur Village, Thiruparankundram Taluk, Madurai District within time frame fixed by this Court and consequently direct the second and fourth respondents to provide electricity connection to his house.
For Petitioner : Mr.T.Vadivelan For Respondent No.1 : Mr.M.Alagathevan, Special Government Pleader.
For Respondents 2 and 4 : Ms.S.Srimathy For Respondent No.3 : Mr.M.Govindan
ORDER
This writ petition is filed seeking a writ of Mandamus to direct the third respondent to issue house tax receipt to the petitioner's house situated in plot No.22, Ambedkar Nagar, Thoppur Village, Thiruparankundram Taluk, Madurai District and also direct the second and fourth respondents to provide electricity connection to her house.
2.Heard the learned counsel for the parties.
3.According to the petitioner, she belongs to Kuravar Community and Plot No.22 in S.F.Nos.9/1 and 9/3, K.Pudupatti, Thoppur Village Panchayat, Thiruparankundram Taluk, Madurai District has been assigned in her name under free house scheme, wherein she built a house. She applied for electricity service connection to the fourth respondent. The fourth respondent asked her to produce house tax receipt. Since the third respondent panchayat refused to issue the same, she approached the first respondent and the Assistant Director (Panchayat), Madurai, directed the third respondent panchayat to issue the same after inspection. Even thereafter also, the third respondent did not issue house tax receipt. Therefore, the petitioner is before this Court.
4.The learned counsel for the petitioner would submit that it would be suffice, if the representation of the petitioner dated 07.12.2015, is disposed of by the third respondent, in the light of the orders passed by the Assistant Director (Panchayat), Madurai, dated 08.03.2016, for which, the learned counsel appearing for the third respondent has no serious objection. 5.Considering the limited scope of the relief sought for, this Court, without going into the merits of the petitioner's claim, directs the third respondent to consider the representation of the petitioner dated 07.12.2015 in the light of the orders passed by the Assistant Director (Panchayat), Madurai, dated 08.03.2016, and pass appropriate orders on its own merit and in accordance with law, after affording due opportunity of hearing to the petitioner, within a period of six weeks from the date of receipt of a copy of this order.
6.The writ petition is disposed of as above. No costs. Consequently, connected Miscellaneous Petition is closed. Sd/- Assistant Registrar(CS-II) /True Copy/ Sub Assistant Registrar
To
1. The District Collector, Madurai District, Madurai.
2. The Special Officer, For Thoppur Village Panchayat (cum) Block Development Officer, Thiruparankundram Panchayat Union, Madurai District.
+ 1 cc TO Mr.T.Vadivelan , Advocate in SR No. 84362 +1cc to The Special Government Pleader in SR.No.84810 smn AE/SV MMS/SAR3/13.11.2017/2P/5C ORDER MADE IN W.P(MD)No.18469 of 2017 and W.M.P(MD)No.14905 of 2017 31.10.2017