P.Sathiya Priya, v. The District Collector

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 03.04.2024

CORAM

THE HON'BLE MR.JUSTICE C.SARAVANAN P.Sathiya Priya ... Petitioner Vs.

1.The District Collector, Thoothukudi District, Thoothukudi.

2.The Executive Officer, Arumuganeri Town Panchayat, Arumuganeri - 628 202, Thoothukudi District.

3.K.S.Deepa Sundaram 4.K.Navaneetha Pandian ... Respondents Prayer: Writ Petition filed under Article 226 of Constitution of India for issuance of a Writ of Mandamus directing the respondents 1 and 2 not to assign property tax in the name of the fourth respondent in respect of property in S.F.Nos.212/6 and 213/5, situated at Kandasamypuram Village, Thiruchendur Taluk, Thoothukudi District, by considering the petitioner's representation dated 07.12.2017, within a stipulated time to be fixed by this Court.

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For Petitioner : Mr.S.Ramsundarvijayraj for M/s.Veera Associates For R1 : Mr.A.Sivanupandian Government Advocate For R2 : No Appearance For R3 : No Appearance For R4 : Mr.A.Mohamed Haneef

O R D E R

This Writ Petition has been filed for issuance of a Writ of Mandamus, directing the respondents 1 and 2 not to assign property tax in the name of the fourth respondent in respect of property in S.F.Nos.212/6 and 213/5, situated at Kandasamypuram Village, Thiruchendur Taluk, Thoothukudi District, by considering the petitioner's representation dated 07.12.2017.

2. It is noticed that the petitioner had earlier filed a suit against the respondents 3 and 4 in O.S.No.185 of 2017 before the District Munsif Court, Tiruchendur. In the said suit, the petitioner had challenged the sale of property by the third respondent, who is the petitioner's brother to the fourth respondent. The said suit was dismissed for default on 16.03.2021. Page No. 2 of 4

However, no steps have been taken by the petitioner to revive or restore the suit to the file of the Court below. The petitioner having rightly invoked the jurisdiction of the Civil Court for determination of rights, cannot expect from the Court to restrain the respondents in the absence of proper determination of the rights of the petitioner in the suit. In fact, even the suit had not filed earlier, this Court would have directed the petitioner to work out the remedy before the Civil Court. Therefore, the Writ Petition has to be dismissed. Accordingly, it is dismissed with liberty to the petitioner to take steps to restore the suit to the file of the Court below. No costs.

03.04.2024 Index : Yes/ No Speaking Order / Non-Speaking Order smn2 To 1.The District Collector, Thoothukudi District, Thoothukudi.

2.The Executive Officer, Arumuganeri Town Panchayat, Arumuganeri - 628 202, Thoothukudi District.

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C.SARAVANAN , J.

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