C. JEYARAJ Vs. COMMISSIONER, KARAIKUDI MUNICIPALITY

JUDGEMENT

(1.) The petitioners claim that they are residing in Door.Nos.3, 12, 3/5 and 3/4 of Soodamanipuram, Karaikudi, Sivagangai District. According to the petitioners, the land belongs to Ilupaikudi Sri Suyamprakasa Eswarar Temple Devasthanam. They filed this writ petition seeking a writ of mandamus directing the respondents to assess the house tax on the petitioners' houses in Door Nos.3, 12, 3/5 and 3/4 of Soodamanipuram, Karaikudi, Sivagangai District.

(2.) The learned Counsel for the petitioners submits that these petitioners have constructed dwelling house and residing therein for more than three decades. They are also paying the rent to the temple. They have family card, voter identity card, aadhaar card in the above address. They have also been provided with electricity service connection and telephone connection. When the petitioners were willing to pay the house tax, the respondent is not collecting the tax and therefore, they have submitted a representation to the respondent on 13/7/2015 and filed this writ petition.

(3.) The learned Counsel for the respondent submits that these petitioners are encroachers of the temple land. A portion of the Ilupaikudi Sri Suyamprakasa Eswarar Temple was alienated in favour of the Co- Operative Society and the society formed an approved layout and sold the plots to various persons. With regard to the remaining plots, there is a dispute with the temple and the Municipality.