Alagammal v. The District Collector,
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 08.10.2018
CORAM:
THE HONOURABLE MR.JUSTICE V.PARTHIBAN W.P.(MD) No.20960 of 2018 and W.M.P.(MD) No.18741 of 2018 Alagammal ... Petitioner vs.
1.The District Collector, District Collector Officer, 2.The Tahsildar, Tahsildar Office, Thirupathur, Sivagangai District.
3.The Block Development Officer (Village Panchayat), B.D.O.Office, Kallal, Sivagangai District.
4.The Village Administrative Officer, Kallipattu Village, 5.Ramasamy ... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India for issuance of writ of Certiorarified Mandamus calling for the records pertaining impugned memorandum in Na.Ka.P3/1531/2017 dated 20.08.2018 issued by the third respondent as illegal and consequently directing the third respondent to levy tax to the petitioner's name in respect of the property situated in S.No.116/23 based on the petitioner's representation dated 04.09.2018 within a stipulated time as fixed by this Court. For Petitioner : Mr.C.M.Arumugam For Respondents : Mr.A.Muthukaruppan Additional Government Pleader for R.1 and R.2 : Mr.S.Dhayalan Government Advocate for R.3
O R D E R
The order impugned in the writ petition dated 20.08.2018 passed by the third respondent is only a show cause notice to the petitioner to submit the materials as against the claim of the fifth respondent in respect of the property under occupation of the petitioner. According to the petitioner himself, in respect of the same subject matter, a civil suit is pending as between the parties before the competent civil Court and the same is pending. Instead of awaiting the outcome of the verdict in the civil suit, the third respondent has issued the impugned notice and therefore, the petitioner is before this Court challenging the said notice.
2. When admittedly the civil suit is pending between the petitioner and the fifth respondent for permanent injunction and the impugned communication is in the nature of show cause notice issued to the petitioner, it is always open to the petitioner to submit her explanation to the third respondent and raise all further contentions as it deems fit. Instead of doing so, the petitioner has chosen to invoke the extraordinary jurisdiction of this Court under Article 226 of the Constitution of India.
3. This Court is unable to appreciate as to how the petitioner can be allowed to approach this Court without responding to the show cause notice and also in regard to the civil case pending as between the petitioner as well as the fifth respondent. Any order to be passed in the present proceedings will have severe impact on the proceedings pending before the competent civil Court.
4. For the above said reasons, the writ petition is found to be not maintainable and therefore, the same is dismissed. No costs. Consequently, the connected Miscellaneous Petition is also dismissed.
Sd/- Assistant Registrar (CO) // True Copy // Sub Assistant Registrar(CS-I) To 1.The District Collector, District Collector Officer, 2.The Tahsildar, Tahsildar Office, Thirupathur, Sivagangai District.
3.The Block Development Officer (Village Panchayat), B.D.O.Office, Kallal, Sivagangai District.
4.The Village Administrative Officer, Kallipattu Village, +1 CC To MR.C.M.ARUMUGAM, Advocate SR. NO. 89123 +1 CC TO The Special Government Pleader SR.NO. 89185 W.P.(MD) No.20960 of 2018 08.10.2018 SSI TR/SKN/SAR-I(26.10.2018)3P 7C