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Madras High CourtWP(MD)/21531/2021disposed of

Paramasivam v. The Thasildar

2021-12-03Honourable Mr Justice M. Sundar7 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 03.12.2021

CORAM:

THE HONOURABLE MR.JUSTICE M.SUNDAR 1.Paramasivam 2.Mayazhagan 3.Ramasamy 4.Punnavanam 5.Perumal 6.Lakshmiyammal 7.M.Perumal 8.Gopal ... Petitioners Vs.

1.The Thasildar, Aruppukottai Taluk, Virudhunagar District.

2.The Block Development Officer, Aruppukottai Block, Virudhunagar District.

3.The Executive Officer, Aathipatti Village, Sempatti, Aruppukottai Taluk, Virudhunagar District.

... Respondents P RAYER:

Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Mandamus, directing the respondents to issue house tax receipts for the petitioner's houses bearing Door Nos.1/81 and 1/193 comprised in Survey No.41/26 of Aathipatti Village, Aruppukottai Taluk, Virudhunagar District based on the petitioner's representation dated 30.09.2021 within time frame stipulated by this Court.

For Petitioner : Mr.V.Angusamy For Respondent No.1 : Mr.M.Lingadurai Special Government Pleader For Respondent Nos2 & 3 : Mr.A.Kannan Additional Government Pleader

O R D E R

Mr.V.Angusamy, learned Counsel on record for the eight writ petitioners is before me.

2.Subject matter of captioned writ petition is issue of house tax receipts for petitioner's houses situate at Door Nos.1/81 and 1/7

1/193 comprised in Survey No.41/26 in Aathipatti Village, Aruppukottai Taluk, Virudhunagar District [hereinafter 'said properties' for convenience and clarity]. Notwithstanding the slightly expansive prayer, learned Counsel for writ petitioners submits that there is a Civil Court decree in favour of the petitioners and on that basis the writ petitioners request for issue of property tax receipts in their name for said properties, writ petitioners have sent a representation dated 30.09.2021 and it will suffice if there is a directive to the second respondent to dispose of this representation.

3.A scanned reproduction of aforementioned representation dated 30.09.2021 (together with postal consignment track showing delivery) is as follows:

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4.Mr.M.Lingadurai, learned Special Government Pleader accepts notice for first respondent and Mr.A.Kannan, learned Additional Government Pleader accepts notice for respondents 2 and 3. 5.It is made clear that owing to the abridged prayer the writ petitioners are making now I refrain myself from expressing any opinion on the merits of the matter. The second respondent is 5/7

directed to consider writ petitioners's representation dated 30.09.2021 on its own merits, in accordance with law and dispose of the same as expeditiously as the business of the second respondent would permit and in any event within one month from today ie., on or before 03.01.2022. It is open to the second respondent to call for further particulars and documents from the writ petitioners if deemed appropriate and if it becomes necessary. The disposal of the representation ie., proceedings disposing of aforementioned representation of writ petitioners shall be communicated to the first writ petitioner under due acknowledgment within seven [7] working days from the date of disposal. This does not mean that the disposal need not be communicated to the other seven writ petitioners but it only means that the time bound communication is qua first writ petitioner alone.

6.To be noted, captioned main Writ Petition was taken up with the consent of learned Counsel on both sides and the same is disposed of with the aforementioned simple directive. There shall be no order as to costs.

Sd/- Assistant Registrar (CS-II) // True Copy // / /2021 Sub Assistant Registrar(CS) MR NOTE: In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate/litigant concerned.

To 1.The Thasildar, Aruppukottai Taluk, Virudhunagar District.

2.The Block Development Officer, Aruppukottai Block, Virudhunagar District.

3.The Executive Officer, Aathipatti Village, Sempatti, Aruppukottai Taluk, Virudhunagar District.

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+1 CC to M/s.A.KANNAN, Advocate ( SR-37436[F] dated 06/12/2021 ) +1 CC to M/s.SPL GP ( SR-37614[F] dated 07/12/2021 ) 03.12.2021 RK(21.12.2021) 7P 6C 7/7