Dr. K. Muthukumar v. The State Of Tamilnadu

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED :31.03.2023

CORAM

THE HONOURABLE MR.JUSTICE SENTHILKUMAR RAMAMOORTHY and W.M.P(MD).No.12486 of 2016 Dr.K.Muthukumar Secretary Annai Sri Aurobindo Educational Trust, Admin Office, Aurobindo Nagar, TNPL Road, Punnamchatram Karua 639 136.

... Petitioner Vs.

1.The State of Tamilnadu Rep by it Secretary, Rural Development and Panchayat Raj Department, Secretariat, Chennai-09.

2.The Commissioner, Rural Development and Panchayat Raj Department, Panagal Building, Chennai 600 015.

3.The District Collector, Karur District, Collectorate, Karur.

4.The President, Punnam Village Panchayat, Karur Panchayat Union, Karur.

... Respondents PRAYER : Petition filed under Article 226 of the Constitution of India praying for issuance of Writ of Mandamus directing the respondents 3 and 4 to revise the house tax at minimum rate without any surcharge for the petitioner institutions.

For Petitioner :No appearance For Respondents :Mrs.D.Farjana Ghoushia Special Government Pleader for R1 to R3

O R D E R

At the hearing on 17.03.2023, it was recorded that there was no representation for the petitioner. Therefore, the matter was listed today under the caption for dismissal. Once again, there is no representation for the petitioner.

2. Learned Special Government Pleader submits, on instructions, that the writ petition is not maintainable because the petitioner seeks a positive direction for the revision of house tax.

3. Upon examining the relief claimed by the petitioner, it is evident that the petitioner seeks a direction to the third and fourth respondents to revise the house tax without any surcharge. Respondents three and four are not under a statutory obligation to revise the house tax downward upon the request of the petitioner. Consequently, a mandamus cannot be issued for such purpose. Hence, W.P.(MD).No.17204 of 2016 is dismissed without any order as to costs. W.M.P.(MD).No.12486 of 2016 is also closed.

31.03.2023 NCC :Yes/No Internet :Yes/No Index :Yes/No sbn

To 1.The Secretary, The State of Tamilnadu Rural Development and Panchayat Raj Department, Secretariat, Chennai-09.

2.The Commissioner, Rural Development and Panchayat Raj Department, Panagal Building, Chennai 600 015.

3.The District Collector, Karur District, Collectorate, Karur.

4.The President, Punnam Village Panchayat, Karur Panchayat Union, Karur.

SENTHILKUMAR RAMAMOORTHY, J.

sbn and W.M.P(MD).No.12486 of 2016 31.03.2023