KELAMBAKKAM VILLAGE PANCHAYAT Vs. COLLECTOR KANCHEEPURAM

JUDGEMENT

(1.) THE writ petition is directed against the communication of the second respondent dated 13. 10. 2008, addressed to the petitioner, in which the second respondent has stated that the properties situated in Survey Nos. 1 to 335 in no. 41, Pudhupakkam Village, should be treated as belonging to the fourth respondent, Pudhupakkam Village Panchayat and thereby directed the taxes and other public charges received by the petitioner in respect of the properties of the third respondent Trust to be handed over to the 4th respondent.

(2.) IT is the case of the petitioner that while passing such order, the second respondent has not given any opportunity to the petitioner and the petitioner panchayat has been receiving taxes and public charges in respect of the properties of the third respondent Trust, which according to the petitioner are situate within the territorial jurisdiction of the petitioner Panchayat Union.

(3.) ON the other hand, it is the case of the 4th respondent that the Assistant director of Panchayat, Kancheepuram, in his proceedings dated 08. 10. 2003, after conducting enquiry has come to the conclusion that the said properties of the third respondent Trust are lying within the jurisdiction of the 4th respondent, pudhupakkam Panchayat Union, and that order has not been challenged by the petitioner and therefore, the impugned communication of the second respondent is only consequential. The 4th respondent in the counter affidavit while stating that the Assistant Director, Kancheepuram has already passed orders in the year 2003 itself, which has not been challenged by the petitioner, has stated that the consequential direction of the second respondent cannot be challenged. Further, it is the case of the fourth respondent that as per the revenue records, the said survey Nos. 1 to 335 stand in the name of the 4th respondent panchayat and communication has been issued under the Tamil Nadu Survey and boundaries Act VIII of 1923.