Madras High CourtWP(MD)/23181/2016disposed of

D.Paulraj, v. The District Collector

2017-07-24Honourable Mr Justice R. Mahadevan2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED :24.07.2017

CORAM

THE HONOURABLE MR.JUSTICE R.MAHADEVAN W.P(MD).No.23181 of 2016 D.Paulraj ...

Petitioner Vs

1. The District Collector, Kanyakumari District, Nagercoil.

2. The Special Officer, Reethapuram Panchayath, Reethapuram, Reethapuram Post, Kanyakumari District.

3. The Executive Officer, Reethapuram Panchayath, Reethapuram, Reethapuram Post, Kanyakumari District.

... Respondents Prayer :

Petition filed filed under Article 226 of the Constitution of India praying for a Writ of Mandamus directing the respondents to issue tax receipt after collecting tax amount from the petitioner in respect of his house bearing door No.7-29, Keelkarukki, Reethapuram, Reethapuram Post, Kanyakumari District. For petitioner : Mr.R.Murugan For respondent : Mr.J.Gunaseelanmuthiah Govt. Advocate for R1 & R2 Mr.M.Rajarajan, for R3 *******

ORDER

The petitioner seeks for a direction to the respondents to issue tax receipt after collecting tax amount from him in respect of his house bearing door No.7-29, Keelakarukki, Reethapuram, Reethapuram Post, Kanyakumari District.

2.The case of the petitioner is that the land to an extent of 23 cents 150 square feet in S.No.284/14 situated at Colachel village, Reethapuram Panchayath, Kanyakumari District, originally https://hcservices.ecourts.gov.in/hcservices/

belonged to his father and his father executed a registered settlement deed dated 18.01.1995 in favour of the petitioner. Thereafter, after getting approval from the third respondent, the petitioner constructed a house and he has been residing in the said house along with his family. The petitioner paid the property tax and other tax. While so, when the petitioner approached the third respondent for paying tax, the third respondent refused to receive the tax amount in respect of his house. Hence, the petitioner sent a representation to the respondents on 28.10.2016. Since no action has been taken, the present writ petition has been filed.

3.The learned counsel appearing for the petitioner would submit that though this Writ Petition has been filed praying for a larger relief, it would suffice if the representation of the petitioner is disposed of, on merits and in accordance with law within the time stipulated by this Court.

4. In view of the above-said submission of the learned counsel appearing for the petitioner, without going into the merits of the claim made by the petitioner in this Writ Petition, the third respondent is directed to pass appropriate orders on the representation of the petitioner, dated 28.10.2016, on merits and in accordance with law, after giving notice to the interested parties, if any, within a period of six weeks from the date of receipt of a copy of this order.

5. The writ petition is disposed of as above. No costs. Sd/- Assistant Registrar(CS-III) /True Copy/ Sub Assistant Registrar To

1. The District Collector, Kanyakumari District, Nagercoil.

+1cc to Mr.R.Murugan, Advocate Sr.No.67075 +1cc to Spl.Government Pleader Sr.No.67997 SKN VB/GT/SAR2/08/08/2017/2P/4C https://hcservices.ecourts.gov.in/hcservices/ W.P(MD).No.23181 of 2016 24.07.2017