Francis.R v. The District Collector

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 02.08.2022

CORAM

THE HONOURABLE MR.JUSTICE M.NIRMAL KUMAR R.Francis ... Petitioner Vs.

1.The District Collector, Inspector of Panchayats, Thoothukudi District, Korampallam, Thoothukudi-628101.

2.The Assistant Director (Panchayat), District Collectorate, Korampallam, Thoothukudi-628101.

3.The Block Development Officer, Thoothukudi Union Office, Tirunelveli Highways, Pudhukottai, Thoothukudi.

4.Saravanakumar, The President, Mappillayoorani Village Panchayat, Thoothukudi Union, Thoothukudi District.

...Respondents

Prayer : Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus, to direct the first respondent to conduct the enquiry and take necessary action against the fourth respondent and in turn direct the fourth respondent office to collect the pending house tax 1/4

for the said marriage hall or Mappillaiyurani Village Panchayat, Thoothukudi District based on the petitioner's representation, dated 04.07.2022, made to the first respondent.

For Petitioner : Mr.C.Selvakumar For R1 & R2 : Mr.P.Subbaraj Special Government Pleader For R3 & R4 : Mr.T.Villavan Kothai Additional Government Pleader

ORDER

The grievance of the petitioner is that the marriage hall of the petitioner was not assessed to the Municipal tax. In view of the same, cleaning and sanitation of marriage hall, removal of garbage were not undertaken by the Municipal authority citing that there was due of tax. The petitioner's property was earlier assessed to tax by the local body for a short period. After the new incumbent elected president, due to some mis-undertakings, tax was refused to receive, due to which the marriage hall of the petitioner not run and the petitioner's livelihood becomes questionable one.

2. After filing the writ petition, the learned counsel for the petitioner produced tax receipt, dated 01.08.2022 stating that the tax received. In view of the same, the writ petition becomes infructuous. 2/4

3. Recording the same, the writ petition stands dismissed as infructuous. No costs. It is made clear that the petitioner's property already assessed and he makes tax payment without fail. If at all the authority has got any grievance or objections, it is for the authority to follow the Rule of law by giving notice and not to act arbitrarily.

02.08.2022 Index : Yes / No Internet : Yes/ No sn To 1.The District Collector, Inspector of Panchayats, Thoothukudi District, Korampallam, Thoothukudi-628101.

2.The Assistant Director (Panchayat), District Collectorate, Korampallam, Thoothukudi-628101.

3.The Block Development Officer, Thoothukudi Union Office, Tirunelveli Highways, Pudhukottai, Thoothukudi.

4.The President, Mappillayoorani Village Panchayat, Thoothukudi Union, Thoothukudi District.

3/4

M.NIRMAL KUMAR, J.

sn 02.08.2022 4/4