K.Chandrababu v. The District Collector

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 19.07.2023

CORAM

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN and M.P.(MD)Nos.1 and 2 of 2014 K.Chandrababu ... Petitioner Vs.

1.The District Collector, Virudhunagar District.

2.The Assistant Director of Village Panchayats, Virudhunagar District.

3.The Block Development Officer, (Village Panchayats), Virudhunagar District.

4.The Village President, S.Ramalingapuram Village Panchayat, Rajapalayam Panchayat Union, Virudhunagar District.

5.The President, Melarajakularaman illage Panchayat, Rajapalayam Panchayat Union, Virudhunagar District.

... Respondents (R5 is suo motu impleaded vide order dated 05.07.2023 in W.P.(MD)No.7054 of 2014 by GRSJ) 1/6

Prayer : Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Certiorarified Mandamus, calling for the records relating to the impugned order of the 4th respondent herein to receive the property tax from the petitioner in respect of his house bearing Door No.5/332 situated at S.Ramalingapuram Panchayat, Vagaikulampatti, Chathirapatti Post, Rajapalayam Taluk, Virudhunagar District and issue property tax receipts in accordance with law within a reasonable time as may be stipulated by this Court. For Petitioner : Mr.K.Appadurai For Respondents : Mr.S.RA.Ramachandran, Addl. Govt. Pleader for R1, R2 & R5.

Mr.G.Anbu Saravanan for R4.

Mr.M.Jeyakumar for R3.

Mr.M.Senthilnathan, Advocate Commissioner.

ORDER

Heard the learned counsel on either side.

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2.The petitioner is owning the house comprised in S.No.1109/2A. 3.The question is within which panchayat limits the said land is falling. The petitioner felt that he is residing in S.Ramalingapuram village panchayat. The Panchayat President declined to assess the property to house tax. That necessitated filing this writ petition. I suo motu impleaded the President, Melarajakularaman Village Panchayat as the fifth respondent and called upon the learned Additional Government Pleader to get definite instruction in this regard. 4.When the matter was taken up for hearing, on instructions the learned Additional Government Pleader submitted that S.No.1109/2A is falling with the territorial jurisdiction of Melarajakularaman Village Panchayat.

5.I direct the impleaded fifth respondent / the President, Melarajakularaman Village Panchayat to assess the petitioner's property and receive property tax from him and issue receipts. This shall be done immediately.

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6.This writ petition is allowed accordingly. No costs. Consequently, connected miscellaneous petitions are closed. 19.07.2023 NCC : Yes/No Index : Yes / No Internet : Yes/ No ias To:- 1.The District Collector, Virudhunagar District.

2.The Assistant Director of Village Panchayats, Virudhunagar District.

3.The President, Melarajakularaman, Village Panchayat, Rajapalayam Panchayat Union, Virudhunagar District.

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G.R.SWAMINATHAN, J.

ias 19.07.2023 6/6