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Madras High CourtWP(MD)/15325/2016disposed of

Ramila v. The District Collector

2025-04-01Honourable Mr Justice P.B. Balaji6 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 01.04.2025

CORAM

THE HONOURABLE MR.JUSTICE P.B.BALAJI W.P(MD)No.15325 of 2016:- Ramila ... Petitioner vs.

1.The District Collector, 2.The Municipal Commissioner, Kanyakumari Municipality, Nagercoil, Kanyakumari District.

3.The Executive Officer, Dharmapuram Panchayat, Dharmapuram, Kanyakumari.

4.S.Swarnapandian ... Respondents (R4 was impleaded vide order of this Court, dated 12.09.2017 in W.M.P. (MD)No.13107 of 2016) PRAYER: Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Mandamus, to direct the respondents to give permission to the petitioner to construct a building in her land at New Survey No.203/1B, Tharmapuram Village, Agasteeshwaram Taluk, 1/6

Kanyakumari District by considering her representation dated 30.06.2016.

For Petitioner :Mr.N.Sekar For R1 :Mr.M.Lingadurai Special Government Pleader For R2 :Mr.P.Athimoolapandian For R3 :Mr.S.Alagusundar W.P(MD)No.16901 of 2016:- Ramila ... Petitioner vs.

1.The District Collector, 2.The Municipal Commissioner, Kanyakumari Municipality, Nagercoil, Kanyakumari District.

3.The Executive Officer, Dharmapuram Panchayat, Dharmapuram, Kanyakumari.

4.S.Swarnapandian ... Respondents (R4 was impleaded vide order of this Court, dated 12.09.2017 in W.M.P. (MD)No.13322 of 2016) PRAYER: Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Mandamus, to direct the respondents to receive house tax and property tax subscription from the petitioner for 2/6

her house and property at New Survey No.203/1, Tharmapuram Village, Agastheeshwaram Taluk, Kanyakumari Fistrict by considering the petitioner's representation dated 16.08.2016. For Petitioner :Mr.N.Sekar For R1 :Mr.M.Lingadurai Special Government Pleader For R2 :Mr.P.Athimoolapandian For R3 :Mr.M.P.Senthil ***** COMMON ORDER The petitioner, claiming to be in physical possession of the subject property, has prayed for a Writ of Mandamus to direct the official respondents to receive house tax and property tax from the petitioner (W.P.(MD)No.16901 of 2015) and to give permission to construct a building (W.P.(MD)No.15325 of 2016). The petitioner has given representations on 16.08.2016 (W.P.(MD)No.16901 of 2015) and 30.06.2016 (W.P.(MD)No.15325 of 2016). The petitioner only seeks for expeditious disposal of those applications.

2.However, Mr.M.P.Senthil, learned Counsel for the fourth respondent would submit that the fourth respondent is in possession and the claim of the petitioner is being disputed. 3/6

3.However, considering the fact that the petitioner only seeks for disposal of the representations, dated 16.08.2016 and 30.06.2016, it would suffice to direct the third respondent to consider the petitioner's application after affording an opportunity to the petitioner as well as to the fourth respondent and pass appropriate orders on merits and in accordance with law within a period of eight weeks from the date of receipt of a copy of this order.

4.With the above directions, these Writ Petitions are disposed of. No costs.

Index :Yes / No 01.04.2025 Internet :Yes / No (2/3) NCC :Yes / No cmr 4/6

To The District Collector, 5/6

P.B.BALAJI, J.

cmr 01.04.2025 (2/3) 6/6