P.Sathish Kumar v. The Block Development Officer

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 06.12.2024

CORAM:

THE HONOURABLE MRS.JUSTICE L.VICTORIA GOWRI P.Sathish Kumar ... Petitioner Vs.

1. The Block Development Officer, Thiruvadanai Taluk, Ramanathapuram District.

2. The President / Executive Authority, Anjukottai Village Panchayat, C.K. Mangalam P.O, Thiruvadanai Taluk, Ramanathapuram District.

3. Marikannu ... Respondents PRAYER : Writ Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Mandamus, directing the second respondent to effect necessary changes in the property tax assessment under Assessment No. 976, in respect of the residential house at Door No. 4/184, Alagamadai Village, situate in the lands to an extent of about 20 1⁄2 cents (0.11.07 Hectares) comprised in 1/6

Survey No. 77/4, Alagamadai Village, Anjukottai Village Group, Thiruvadanai Taluk, Ramanathapuram District, by deleting the name of the third respondent and to add the names of P. Saratha and P. Sathish Kumar, after making due enquiry with the documents submitted, by considering the representation of the petitioner dated 20.08.2024, within the time frame as may be fixed by this Court.

For Petitioner : Mr.R.Swarnavel For Respondents : Mr.M.Sarangan (R1 & R2) Additional Government Pleader

ORDER

This writ petition has been filed seeking for a direction to the second respondent to effect necessary changes in the property tax assessment in respect of the residential house at Door No. 4/184, comprised in Survey No. 77/4, measuring to an extent of about 20 1⁄2 cents (0.11.07 Hectares), Alagamadai Village, Anjukottai Village Group, Thiruvadanai Taluk, Ramanathapuram District, by considering the representation of the petitioner, dated 20.08.2024.

2. Considering the limited scope of the relief sought for in this writ petition, notice to the third respondent is dispensed with. By consent of both 2/6

parties, this Writ Petition is taken up for final disposal at the stage of admission itself.

3. Heard the learned counsel on both sides and carefully perused the entire materials available on record.

4. It is needless to point out that whenever a representation of this nature is made to a Statutory Authority, there is a duty cast upon the respondent to consider the same on its own merits and pass appropriate orders in one way or other instead of keeping the same pending indefinitely. As such, nonconsideration of the representation made by the Statutory Authority would amount to dereliction of duty and hence, this Court will be justified in invoking the extraordinary powers under Article 226 of the Constitution of India.

5. In view of the same, this Court hereby direct the second respondent to consider the petitioner's representation dated 20.08.2024 and pass appropriate orders on merits and in accordance with law, after affording opportunity of hearing to the petitioner and the third respondent, within a period of six weeks from the date of receipt of copy of this order. 3/6

6. With the above direction, the Writ Petition stands disposed of. There shall be no order as to costs.

06.12.2024 NCC : Yes / No Index : Yes / No Sm 4/6

TO:-

1. The Block Development Officer, Thiruvadanai Taluk, Ramanathapuram District.

2. The President / Executive Authority, Anjukottai Village Panchayat, C.K. Mangalam P.O, Thiruvadanai Taluk, Ramanathapuram District.

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L.VICTORIA GOWRI, J.

Sm Order made in Dated 06.12.2024 6/6