Amirtham v. The District Collector

W.P(MD)No.26912 of 2019 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 06.01.2020

CORAM:

THE HONOURABLE MRS.JUSTICE PUSHPA SATHYANARAYANA W.P(MD)No.26912 of 2019 Amirtham ... Petitioner Vs.

1) The District Collector, O/o the District Collector, Madurai.

2) The Tahsildar, Madurai West, Madurai.

... Respondents PRAYER: Writ Petition is filed under Article 226 of the Constitution of India to issue a Writ of Mandamus, directing the respondents 1 & 2 to accept the petitioner's assessment fee and issue receipt for the coconut trees, the produces of which the petitioner is now enjoying in the land bearing S.No.193/1 at Thuvariman Village, Madurai West Taluk, Madurai District by taking into account the petitioner's representation dated 21.10.2019. For Petitioner : M/s.A.Rajini For Respondents : Mrs.J.Padmavathi Devi, Special Government Pleader

O R D E R

The Writ Petition is being filed seeking for a direction to the respondents 1 & 2, to accept the petitioner's assessment fee and to issue receipt for the same for the produces of the coconut trees, which the petitioner is now enjoying in the land bearing S.No.193/1 at Thuvariman Village, Madurai West Taluk, Madurai District, by taking into account the petitioner's representation dated 21.10.2019.

2. Though the learned counsel for the petitioner submits that the petitioner had applied for 2-C patta several times and the same has been rejected. Now, the petitioner is attempting to pay the https://hcservices.ecourts.gov.in/hcservices/ 1/2

W.P(MD)No.26912 of 2019 assessment fees/ tax for the enjoyment of the coconut trees. It is admitted that the petitioner is neither the owner of the land nor the trees.

3. The learned Special Government Pleader appearing on behalf of the respondents states that, the land in question is a 'water body'. However, without going into the merits of the case, the respondents 1 and 2 are directed to consider the representation of the petitioner dated 21.10.2019 on merits and after affording an opportunity of personal hearing to the petitioner, pass appropriate orders thereafter in accordance with law within a period of five(05) weeks from the date of receipt of a copy of this order.

4. With the above directions, this Writ Petition stands disposed of. However, there shall be no order as to costs. Sd/- Assistant Registrar (CS-II) // True Copy // / /2020 Sub Assistant Registrar(CS) To:

1) The District Collector, O/o the District Collector, Madurai.

2) The Tahsildar, Madurai West, Madurai.

+1 CC to M/s.A.RAJINI, Advocate ( SR-449[F] dated 07/01/2020 ) Order made in W.P(MD)No.26912 of 2019 Dated:

06.01.2020 sts SDS(21.01.2020) 2P-4C https://hcservices.ecourts.gov.in/hcservices/ 2/2