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Madras High CourtWP(MD)/3546/2016dismissed

Adamkani, v. The District Collector,

2023-02-27Honourable Mr Justice B.Pugalendhi5 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 27.02.2023 CORAM :

THE HON`BLE MR.JUSTICE B.PUGALENDHI W.P(MD) No.3546 of 2016 Adamkani Petitioner Vs.

1.The District Collector, Tirunelveli District.

2.The Block Development Officer, Kadayam Panchayat Union, Tirunelveli District.

3.Dharmapuram Panchayat, Rep by its President, Dharmapuram, Tirunelveli.

Respondents PRAYER: Writ Petition is filed under Article 226 of the Constitution of India, praying for issuance of a Writ of Mandamus, directing the respondents to consider the representation of the petitioner, dated 12.01.2016 and to change the wrong entries in the name of Mydeen Meeral with respect to Door No.5/294 and 5/295 of Dharmapuram Panchayat within a specified period. 1/5

For Petitioner :Mr.K.P.Narayanakumar For R1 & R2 :Mr.J.K.Jeyaselvam Government Advocate For R3 :No appearance

O R D E R

This writ petition is filed for a Mandamus directing the respondents to consider the representation of the petitioner dated 12.01.2016 and to change the wrong entries made in the House tax receipts in the name of one Mydeen Meeral, with respect to Door Nos.5/294 and 5/295 of Dharmapuram Panchayat. 2.The learned counsel appearing for the petitioner submits that the petitioner is the owner of the properties in Door Nos.5/294 and 5/295 of Dharmapuram Panchayat. However, house tax receipts have been entered wrongly by the Panchayat in the name of his daughter in law, namely, Mydeen Meeral. Therefore, the petitioner has submitted his representation on 12.01.2016 to correct the mistake in the house tax receipts. The learned counsel further submits that pending this writ petition, the petitioner died. However, prior to that, he has executed a settlement deed in favour of his 2/5

daughter, namely, Najumun Nisha and she has submitted a separate representation and also filed another writ petition before this Court for correcting the entries in the house tax receipts for the properties in Door Nos.5/294 and 5/295 of Dharmapuram Panchayat. Since no action has been taken by the respondents, the present writ petition has been filed.

3.The learned Government Advocate appearing for the respondents 1 & 2 submits that the writ petition filed by the daughter of the petitioner in W.P(MD) No.28383 of 2020 was dismissed as withdrawn with a liberty to the petitioner to work out her remedy before the appropriate Civil Forum.

4.In view of the above and also considering the fact that the petitioner is no more, this writ petition is dismissed. No costs. 27.02.2023 Index: Yes/No Internet: Yes/No vrn 3/5

To 1.The District Collector, Tirunelveli District.

2.The Block Development Officer, Kadayam Panchayat Union, Tirunelveli District.

3.Dharmapuram Panchayat, Rep by its President, Dharmapuram, Tirunelveli.

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B.PUGALENDHI, J vrn Order made in W.P(MD) No.3546 of 2016 27.02.2023 5/5