Disposed

Saravana Raj.S v. the District Collector

Madras HC22 Apr 2022WP(MD)/3324/2022

Case brief

AI extract

What is this about?

The petitioner challenged the show cause notice issued by the Panchayat regarding property tax on a converted property. The High Court disposed of the petition by directing the Panchayat to decide the tax matter after hearing the petitioner within 60 days.

What did the court decide?

Directing the fourth respondent to pass appropriate orders on the show cause notice within 60 days after giving the petitioner a personal hearing.

Saravana Raj.S Vs the District Collector — Property and Title | Madras HC (2022)

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W.P(MD).No.3324 of 2022

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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

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DATED :22.04.2022

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CORAM

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THE HONOURABLE MR.JUSTICE C.SARAVANAN

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W.P(MD).No.3324 of 2022

S.Saravana Raj

... Petitioner

Vs.

1.The District Collector, Thanjavur District, District Collector's Office, Thanjavur. 2.The Tahsildar, Kumbakonam Taluk, Thanjavur District. 3.The Village Administrative Officer, Srinivasanallur Village, Kumbakonam Taluk, Thanjavur District. 4.The President, Srinivasanallur Panchayat, Kumbakonam Taluk, Thanjavur District. 5.The Block Development Officer, The Village Panchayat, The Block Development Office, Thiruvadai Maruthur. 6.V.Jayakumar 7.Revathi 8.Shanmuga Priya 9.V.Mariyammal ...Respondents (R5 is impleaded vide Court order dated 07.03.2022 in W.M.P(MD).No.3420 of 2022 and R6 to R9 are impleaded vide Court order dated 22.04.2022 in W.M.P(MD).No.4996 of 2022)

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Prayer : Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus, directing the respondents to accept property tax from the petitioner for his https://hcservices.ecourts.gov.in/hcservices/

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W.P(MD).No.3324 of 2022

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property situated at No.74 Sree Abirami Nagar, Srinivasanallur, Thanjavur and issue necessary receipt for the same.

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For Petitioner : Mr.P.Balasubramani For R1 to R3 : Mr.M.Prakash Additional Government Pleader For R4 : Mr.M.Sarangan Additional Government Pleader For R5 : Mr.G.Gomathi Sankar

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ORDER

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This writ petition has been filed for a writ of Mandamus to direct the respondents to accept property tax from the petitioner for his property situated at No.74 Sree Abirami Nagar, Srinivasanallur, Thanjavur and issue necessary receipt for the same.

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The case of the petitioner is that the fourth respondent should accept tax for the property of the petitioner.

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On the other hand, the fourth respondent has issued the show cause notice to the petitioner, dated 11.10.2021 wherein, the petitioner has been called upon to reply and to furnish certain documents.

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It appears that the petitioner had obtained permission for put up a residential house. However, the petitioner has converted the same for running a cottage industry. It appears that the petitioner also installed three chimneys and running three big kitchens from the said premises.

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Considering the above, I am inclined to dispose this writ petition by directing the fourth respondent to pass appropriate orders on the show cause notice, dated 11.10.2021 by considering the reply of the petitioner. Order shall be passed by the fourth respondent by calling the petitioner for a personal hearing. The issue as to whether the petitioner is required to pay tax or whether should be directed to alter the usage of the property will be subject to the final outcome of the aforesaid proceedings by the fourth respondent. The fourth respondent is directed to complete the aforesaid proceedings within a period of 60 days from the date of receipt of copy of this order. It is needless to state that before passing any such order, the petitioner shall be heard. No costs.

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// True Copy //

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/ /2022 Sub Assistant Registrar(CS)

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https://hcservices.ecourts.gov.in/hcservices/

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W.P(MD).No.3324 of 2022

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1.The District Collector, Thanjavur District, District Collector's Office, Thanjavur.

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2.The Tahsildar, Kumbakonam Taluk, Thanjavur District.

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3.The Village Administrative Officer, Srinivasanallur Village, Kumbakonam Taluk, Thanjavur District.

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4.The President, Srinivasanallur Panchayat, Kumbakonam Taluk, Thanjavur District.

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5.The Block Development Officer, The Village Panchayat, The Block Development Office, Thiruvadai Maruthur.

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+1 CC to M/s.G. GOMATHI SANKAR, Advocate ( SR-20591[F] dated 22/04/2022 )

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W.P(MD).No.3324 of 2022

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22.04.2022

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MGJ(17.05.2022) 3P 7C

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https://hcservices.ecourts.gov.in/hcservices/

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Saravana Raj.S v. the District Collector

Case brief

What is this about?

What did the court decide?

Saravana Raj.S v. the District Collector

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

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