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S.Murugan vs The District Collector
2021 Latest Caselaw 11453 Mad

Citation : 2021 Latest Caselaw 11453 Mad
Judgement Date : 7 June, 2021

Madras High Court
S.Murugan vs The District Collector on 7 June, 2021
                                                                           W.A.(MD)No.1144 of 2021


                        BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

                                              DATED: 07.06.2021

                                                    CORAM:

                               THE HONOURABLE MR.JUSTICE T.S.SIVAGNANAM
                                                     AND

                                   THE HONOURABLE MRS.JUSTICE S.ANANTHI

                                            W.A.(MD)No.1144 of 2021
                                                     and
                                           C.M.P.(MD)No.4946 of 2021


                S.Murugan                                       ... Appellant / Petitioner

                                                      Vs.

                1.The District Collector,
                  Tirunelveli District,
                  Tirunelveli.
                  (Presently Tenkasi District).

                2.The Revenue Divisional Officer,
                  Tenkasi,
                  Tirunelveli District,
                  (Presently Tenkasi District).

                3.Zonal Deputy Tahsildar,
                  Tenkasi,
                  Tirunelveli District,
                  (Presently Tenkasi District).

                4.Coutralam Selection Grade Town Panchayat,
                  Rep. by its Executive Officer,
                  Coutralam,
                  Tirunelveli District,
                  (Presently Tenkasi District).           ... Respondents / Respondents
https://www.mhc.tn.gov.in/judis/
                1/5
                                                                                      W.A.(MD)No.1144 of 2021


                PRAYER: Writ Appeal filed under Clause 15 of the Letters Patent, praying to

                set aside the order dated 12.04.2016 in W.P.(MD)No.19346 of 2015 on the file

                of this Court.

                                   For Appellant                 : Mr.T.Lajapathy Roy


                                   For Respondents 1 to 3         : Mr.R.Baskaran
                                                                   Standing Counsel for Government


                                                         JUDGMENT

************

[Judgment of the Court was delivered by T.S.SIVAGNANAM, J.]

We have heard Mr.T.Lajapathi Roy, learned Counsel appearing for the

appellant and Mr.R.Baskaran, learned Standing Counsel for Government

appearing for the respondents 1 to 3.

2.This Writ Appeal by the writ petitioner is directed against the order

dated 12.04.2016 in W.P(MD)No.19346 of 2015.

3.The appellant filed the Writ Petition challenging the proceedings of

the fourth respondent dated 19.10.2015 by which the tender awarded in favour

of the appellant was cancelled.

https://www.mhc.tn.gov.in/judis/

W.A.(MD)No.1144 of 2021

4.When the Writ Petition was heard, the Court took note of the fact

that the period of license had come to an end on 31.03.2016. It was also

submitted that the appellant has to pay arrears to the tune of more than

Rs.8 lakhs.

5.The learned Writ Court, after taking note of these facts, dismissed

the Writ Petition with a direction that the arrears amount be recovered by taking

earnest steps. Pursuant to such direction, a demand notice has been issued in

favour of Mrs.Shenbagavalli, wife of the appellant, for recovery of more than

Rs.8 lakhs. Challenging those proceedings, Shenbagavalli filed

W.P(MD)No.4711 of 2020. The said Writ Petition was disposed of by an order

dated 05.03.2020, directing the parties to work out their remedy in the present

Appeal. If the petitioner or his wife is in arrears of licence fee or lease rent to

the fourth respondent/Selection Grade Town Panchyat, the same has to be

recovered at the earliest. However, before doing so, the fourth

respondent/Selection Grade Town Panchayat is directed to issue notice to the

defaulter whether it is the appellant or his wife and then proceed to recover the

money.

https://www.mhc.tn.gov.in/judis/

W.A.(MD)No.1144 of 2021

6.With the above observation, the Writ Appeal is dismissed. No costs.

Consequently, connected Miscellaneous Petition is closed.

                                                                   [T.S.S., J.]   &    [S.A.I., J.]
                                                                           07.06.2021
                Index    : Yes / No
                Internet : Yes / No
                PS/MR

Note : In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate/litigant concerned.

To

1.The District Collector Tirunelveli District, Tirunelveli.

(Presently Tenkasi District)

2.The Revenue Divisional Officer, Tenkasi, Tirunelveli District (Presently Tenkasi District)

3.Zonal Deputy Tahsildar Tenkasi, Tirunelveli District, (Presently Tenkasi District)

https://www.mhc.tn.gov.in/judis/

W.A.(MD)No.1144 of 2021

T.S.SIVAGNANAM, J.

AND S.ANANTHI, J.

PS/MR

JUDGMENT MADE IN W.A.(MD)No.1144 of 2021

07.06.2021

https://www.mhc.tn.gov.in/judis/

 
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