Chinnaiah v. The District Collector

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 29.09.2022

CORAM

THE HONOURABLE MRS.JUSTICE V.BHAVANI SUBBAROYAN W.P(MD)No.21149 of 2022 Chinnaiah ... Petitioner vs.

1. The District Collector, Pudukottai District, Pudukottai.

2. The Block Development Officer, Karambakudi Panchyat Union, Pudukottai District.

3. The President, Pilaviduthi Village Panchayat, Karambakudi Panchayat Union, Pudukottai District.

4. V.Ravi ... Respondents PRAYER: Writ Petition is filed under Article 226 of the Constitution of India for issuance of a Writ of Mandamus, directing the first respondent to take action against the third respondent and to take necessary steps to issue House Tax Receipts to the houses of the petitioner and his wife in 1/6

D.No.530 and 530/1 to renew and issue Identity cards for Mahathma Gandhi National Rural Employment Guaranty Scheme to the petitioner's wife namely Malliga, his daughter-in-law namely Radha, his another Daughter-in-law namely Nivetha and his Daughter namely Sangeetha, to supply water to the pipe in front of his house and give other Government benefits to his family members, by considering the representation of the petitioner dated 21.02.2022.

For Petitioner : Mr.R.Gowrishankar For R1 : Mr.C.Satheesh Government Advocate For R2 and R3 : Mr.P.T.Thiraviam Government Advocate

O R D E R

This Writ Petition has been filed for issuance of a Writ of Mandamus, directing the first respondent to take action against the third respondent and to take necessary steps to issue House Tax Receipts to the houses of the petitioner and his wife in D.Nos.530 and 530/1, to renew and issue identity cards for Mahathma Gandhi National Rural Employment Guaranty Scheme to the petitioner's wife namely Malliga, his daughter - in - law viz., Radha, his another daughter - in - law viz., 2/6

Nivetha and his daughter viz., Sangeetha, to supply water to the pipe in front of his house and give other Government benefits to his family members, by considering the representation of the petitioner dated 21.02.2022.

2. The case of the petitioner is that he belongs to Scheduled Caste Community and in the year 1993, he has put up a thatched house (D.No.

530) in S.No.233/19 to an extent of 2 cents. The Adi Dravidar Welfare Department has allotted a house site to the petitioner's family in S.No. 227/2B to an extent of 2 cents, wherein he has constructed a house (Old D.No.523, New D.No.530/1) in the year 2001, in his wife name and paying necessary taxes. The third respondent has also issued House Tax Receipts till 2019. At this juncture, the fourth respondent has been elected as President and since the petitioner was worked for his rival candidate in the election, the fourth respondent denied to issue house tax receipt to the petitioner's houses. Hence, the petitioner has made a representation to the first respondent on 21.02.2022, to take necessary action. But till date the said representation was not considered. 3/6

Therefore, the petitioner has filed the present writ petition.

3. The learned counsel appearing for the petitioner would submit that it wold suffice if a direction is issued to the second respondent to consider the representation of the petitioner, dated 21.02.2022.

4. Heard the learned counsel for the petitioner, learned Government Advocate appearing for the first respondent and the learned Government Advocate appearing for the respondents 2 and 3.

5. Considering the submission made by the learned counsel for the petitioner, this Court, without expressing any opinion on the merits of the matter and the averments made by the petitioner herein, directs the second respondent to consider the representation of the petitioner, dated 21.02.2022 and pass appropriate orders, on merits and in accordance with law, after providing opportunity to the parties concerned, within a period of twelve weeks from the date of receipt of a copy of this order. 4/6

6. With the above direction, this Writ Petition is disposed of. No costs.

29.09.2022 Index:Yes/No Internet:Yes/No akv To

1. The District Collector, Pudukottai District, Pudukottai.

2. The Block Development Officer, Karambakudi Panchyat Union, Pudukottai District.

3. The President, Pilaviduthi Village Panchayat, Karambakudi Panchayat Union, Pudukottai District.

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V.BHAVANI SUBBAROYAN,J.

akv W.P(MD)No.21149 of 2022 29.09.2022 6/6