Kokila v. The District Collector

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 14.12.2023

CORAM:

THE HONOURABLE MR.JUSTICE B.PUGALENDHI Kokila .. Petitioner v.

1.The District Collector, Collectorate Campus, Virudhunagar, Virudhunagar District.

2.The Tahsildar, Taluk Office, Thiruchuzhi Taluk, Thiruchuzhi, Virudhunagar District.

3.The Block Development Officer, Narikudi Panchayat Union, Narikudi, Virudhunagar District.

4.The Panchayat President, Pulvaikarai Panchayat, Narikudi Union, .. Respondents 1/6

PRAYER:

Writ Petition filed under Article 226 of the Constitution of India seeking issuance of a Writ of Mandamus directing the fourth respondent to issue House Tax Receipt to the petitioner for her house constructed recently at New S.No.118/58 (Old S.No.118/1B) - Patta No.543, with an extent of 81 sq.m., situated at Namachivayapuram, Pulvaikarai (Post), Thiruchuzhi Taluk, Virudhunagar District, which was assigned to her as Free House Site Patta by the second respondent through his proceedings Ni.Mu.Aa3/ (HSD)No.7194/2022 dated 31.11.2022.

For Petitioner : Mr.M.Manojkumar For Respondents : Mr.G.Surya Anandh, Additional Government Pleader for R.1 to R.3 Mr.M.Ramesh, Government Advocate for R.4 *****

ORDER

This writ petition is filed for a mandamus directing the fourth respondent to issue house tax receipt to the petitioner for her house situated at New S.No.118/58 (Old S.No.118/1B) - Patta No.543, with an 2/6

extent of 81 sq.m., situated at Namachivayapuram, Pulvaikarai (Post), 2.Learned Counsel for the petitioner submitted that the second respondent, by his proceedings in Ni.Mu.Aa3/(HSD)No.7194/2022 dated 31.11.2022, issued free house site patta to the petitioner for the subject land and pursuant thereto, the petitioner has also put up a construction and also applied for house tax receipts from the fourth respondent. The fourth respondent did not consider the request of this petitioner and therefore, the petitioner has filed the present writ petition. 3.Learned Additional Government Pleader submitted that this land was originally assigned to one Rakku's Husband, namely, Veerapandi S/o.Muthurengan. The said Veerapandi has also constructed a house in a scheme provided by the Department of Rural Development. Rakku has been paying the house tax for the property ever since. But, she was staying in Madurai. The petitioner / Kokila is residing in the property. Taking advantage of that, the petitioner has obtained patta in her favour from the 3/6

second respondent / Tahsildar. Challenging the same, Rakku has filed an appeal before the Revenue Divisional Officer. The Revenue Divisional Officer, by his proceedings in Pa.Mu.Aa3/2357/2023, dated 18.07.2023, directed the said Rakku to approach the civil Court and obtain necessary reliefs. In the said proceedings, the Revenue Divisional Officer has also recorded a finding to the effect that this land was constructed in the name of Veerapandi S/o.Muthurengan and a free house site patta was given in the name of Verapandi S/o.Muthurengan.

4.This Court has perused the proceedings of the Revenue Divisional Officer dated 18.07.2023.

5.In view of the materials placed on record, this Court is not inclined to grant the relief as sought for in this writ petition. Accordingly, this writ petition is dismissed. The petitioner can work out her remedy before the competent civil forum. No costs.

Index :

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To 1.The District Collector, Collectorate Campus, Virudhunagar, Virudhunagar District.

2.The Tahsildar, Taluk Office, Thiruchuzhi Taluk, Thiruchuzhi, Virudhunagar District.

3.The Block Development Officer, Narikudi Panchayat Union, Narikudi, Virudhunagar District.

4.The Panchayat President, Pulvaikarai Panchayat, Narikudi Union, 5/6

B.PUGALENDHI, J.

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