Kuthpa Mohideen Andavar Jumma Pallivasal v. The Director Of Town Panchayat
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 30.11.2021
CORAM:
THE HONOURABLE MR.JUSTICE M.SUNDAR Kuthpa Mohideen Andavar Jumma Pallivasal Reg No.D.S.No.28/TVN, Rep. by its President, M.Abdul Hasan : Petitioner Vs.
1.The Director of Town Panchayat, Directorate of Town Panchayat, Kuralagam, Chennai - 108.
2.The District Revenue Officer/Chief Executive Officer, Tamil Nadu Wakf Board, No.1, Jaffar Sarang Street, Vallal Seethakathi Nagar, Chennai - 01.
3.The Cheranmahadevi Town Panchayat, Rep by the Executive Officer, Cheranmahadevi, Tirunelveli District.
: Respondents P RAYER:
Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Mandamus directing the respondent No.3 to provide property tax receipt for 10 shops which belongs to Kuthpa Mohideen Andavar Jumma Pallivasal situated in Survey No.27, Ward No.11, Quaide Millath Street, Cheranmahadevi, Tirunelveli District and so as to enable to obtain electricity connection for the shops by considering the representation dated 22.11.2021 made by the petitioner within the time stipulated by this Court. 1/5
For Petitioner : Ms.A.Victoria assist for Mr.L.Pinaygash For Respondents : Mr.M.Lingadurai, Spl.Govt.Pleader for R1 and R2 Mr.G.Palanivel Murugan for Mr.J.K.Jayaseelan, Govt. Advocate for R3
O R D E R
******************** Captioned main writ petition pertains to property tax assessment for ten shops said to be situate in Survey No.27, Ward No.11, Quaide Millath Street, Cheranmahadevi, Tirunelveli District (hereinafter referred as 'said shops' which according to the writ petitioner counsel belongs to the writ petitioner.
2. The grievance of the writ petitioner is that the said shops have not been assessed to property tax though thirty two other shops of the writ petitioner have been assessed. The writ petitioner has sent a representation dated 22.11.2021 (mailed from the Madras High Court Madurai Bench branch post office at around 04.00 PM on the same day) and present captioned writ petition has been filed on 26.11.2021. I am unable to persuade myself to believe that there is inaction on the part of respondents much less inaction warranting a mandamus in so far as this 22.11.2021 representation is concerned.
3. Be that as it may, this representation refers to an earlier communication dated 17.02.2021 which is referred to as 'epidt{l;Lk ; kD' but this is not placed before me. To be noted, there is a reference to the 17.02.2021 communication from the writ petitioner in the proceedings of third respondent dated 27.09.2021 bearing reference Na.Ka.No.302/2021 and a scanned reproduction of the same is as follows:
2/5
To be noted, the 17.02.2021 communication is cited as No.7 in reference in the above proceedings.
4. Mr.M.Lingadurai, learned Special Government Pleader accepts notice on behalf of respondents 1 and 2 and Mr. G.Palanivel Murugan, 3/5
learned counsel accepts notice for the third respondent, owing to the narrow compass on which matter on hand turns, captioned main writ petition is taken up with the consent of both sides.
5. Learned counsel for writ petitioner submits at the hearing (notwithstanding slightly expansive prayer) that he abridges the prayer and restricts it to a simple mandamus to the third respondent to dispose of writ petitioner's earlier representation/reminder dated 17.02.2021. Learned counsel for the third respondent submits that in the light of the abridged prayer, the third respondent will consider the representation/reminder dated 17.02.2021 on its own merits and in accordance with law. This submission is appropriate as if any stand of the third respondent is dealt with in this order it will impact the disposal of the representation.
6. Before I make the operative portion of this order, I make it clear that this is a one off case which should not be cited as a precedent in the days to come. In other words, this order is being made in the hope that such petitions are not moved in the days to come, if they do recur, this Court may have to take a different view on such matters i.e., such matters will not be overlooked if they continue to recur. Captioned writ petition is disposed of with a simple direction to the third respondent to dispose of writ petitioner's representation/reminder dated 17.02.2021 on its own merits in accordance with law as expeditiously as his/her business would permit and in any event, within one month from today i.e., on or before 30.12.2021. The order/proceedings qua such disposal shall be communicated to the writ petitioner under due acknowledgment within seven working days of disposal of order/proceedings. There shall be no order as to costs.
Sd/- Assistant Registrar (W) // True Copy // / /2021 Sub Assistant Registrar(CS) pkn To 1.The Director of Town Panchayat, Directorate of Town Panchayat, Kuralagam, Chennai - 108.
2.The District Revenue Officer/Chief Executive Officer, Tamil Nadu Wakf Board, 4/5
No.1, Jaffar Sarang Street, Vallal Seethakathi Nagar, Chennai - 01.
3.The Executive Officer, Cheranmahadevi Town Panchayat, Cheranmahadevi, Tirunelveli District.
+1 CC to M/s.I.PINAYGASH, Advocate ( SR-36849[F] dated 01/12/2021 ) +1 CC to M/s.SPL GP ( SR-36756[F] dated 01/12/2021 ) 30.11.2021 NA(CO) GC(09.12.2021) 5P 6C 5/5