Judgment:
(Prayer: Writ Petition filed under Article 226 of the Constitution of India, praying for issuance of Writ of Mandamus, directing the respondent to cancel the order dated 03.08.2008 passed by the respondent based upon the decree in O.S.No.7 of 2001, since the said decree was set aside in O.S.No.304 of 2006, on the file of Additional District Munsif Court, Valliyoor by considering the petitioner s representation dated 24.01.2014 and consequently directing the respondent to pass order to issue house tax and water tax receipts in Ward No.2 of Chidambarapuram-Jacobpuram Panchayat in the name of Jacobpuram.)
M.V. Muralidaran, J.
1. The writ petitioner one Mr.Arthur Selvakumar, who belongs to Jacobpuram has filed this writ petition seeking the prayer to issue a Writ of Mandamus, directing the respondent to cancel the order dated 03.08.2008 passed by the respondent based upon the decree in O.S.No.7 of 2001, since the said decree was set aside in O.S.No.304 of 2006, on the file of Additional District Munsif Court, Valliyoor by considering the petitioner s representation dated 24.01.2014 and consequently directing the respondent to pass order to issue house tax and water tax receipts in Ward No.2 of Chidambarapuram-Jacobpuram Panchayat in the name of Jacobpuram.
2. The case of the petitioner is that the Chidambarapuram-Jacobpuram Panchayat was bifurcated from Palavoor Panchayat in the year 1964 and since then the Chidambarapuram-Jacobpuram Panchayat is functioning as separate Minor Panchayats. He has also stated that previously the house tax receipts, water tax receipts were issued in the name of Chidambarapuram, for those residing at Ward No.1 of Chidambarapuram-Jacobpuram Panchayat and in the name of Jacobpuram, for those residing in Ward Nos.2 and 3 of Chidambarapuram-Jacobpuram Panchayat at Chidambarapuram Hindus are in majority and at Jacobpuram Christians are in majority.
3. The writ petitioner also come forward by saying that while being so, the suit was filed by one Vetrivel Nadar and others for themselves and on behalf of the Hindu Public of Chidambarapuram Village filed a suit in O.S.No.7 of 2001 against the then President of Chidambarapuram-Jacobpuram Panchayat for permanent injunction restraining the President from issuing any house tax receipt and water tax receipt in the name of Jacobpuram and for mandatory injunction directing the President, Chidambarapuram-Jacobpuram Panchayat to issue house tax receipts and water tax receipts, etc. only in the name of Chidambarapuram and the above suit was decreed on 04.04.2005. Based upon the decree, the first respondent/District Collector has passed an order directing the President, Chidambarapuram-Jacobpuram Panchayat to issue house tax and water tax receipts only in the name of Chidambarapuram and no receipt should be issued in the name of Jacobpuram.
4. The writ petitioner also further states that knowing about the judgment and decree in O.S.No.7 of 2001, dated 04.04.2005, this writ petitioner and along with others, who are native of the Jacobpuram were filed a suit in O.S.No.304 of 2006 in representative capacity against the District Collector, Tirunelveli, the President, Chidambarapuram-Jacobpuram Panchayat and the said Vetrivel Nadar and others for the relief of declaration declaring that the decree passed in O.S.No.7 of 2001 is null and void on the ground that the said decree was obtained in a collusive manner and by way of playing fraud without impleading any of the representative of the Jacobpuram. In the said suit, all the defendants were contested and finally the learned Additional District Munsif, Valliyoor has passed a decree by allowing the suit in O.S.No.304 of 2006 on 30.9.2013 by declaring the decree in O.S.No.7 of 2001 is null and void, on the ground that the suit in O.S.No.7 of 2001 was filed has collusive one and moreover the District Collector and Christians belongs to Jacobpuram were not added as parties. Therefore, the writ petitioner saying that the present impugned order dated 03.08.2008 was passed only based upon the decree in O.S.No.7 of 2001, dated 04.04.2005 and thus being the case, the said decree was set aside by the learned Additional District Munsif, Valliyoor in O.S.No.304 of 2006, dated 30.09.2013, and thus being the case, the impugned order dated 03.08.2008 should be quashed. Accordingly, he prayed this Court to set aside the order passed by the District Collector dated 03.08.2008.
5. Originally the first respondent/District Collector was impleaded in the writ petition, later on as per the orders of this Court in MP.No.1 of 2014 dated 17.03.2015, the respondents 2 to 5 were impleaded as parties. On behalf of the second respondent a typed set of papers were filed, but none of the respondents were not filed any counter affidavit.
6. On perusal of the records filed by the petitioner as well as the second respondent, it is made clear that the present impugned order dated 03.08.2008 passed only based on the decree in O.S.No.7 of 2001, dated 04.04.2005, on the file of the Additional District Munsif, Valliyoor, in which the Additional District Munsif Court is directed the Panchayat President, who is the only defendant in the suit to issue the house tax and water tax receipts only in the name of Chidambarapuram and no receipts to be issued in the name of Jacobpuram.
7. Based on the above decree, a representation was given by the Panchayat President on 02.07.2008 to the District Collector with a request to permitting to issue the said house tax and water tax receipts in the name of Chidambarapuram. Therefore, the first respondent/ District Revenue Officer and the District Collector (i/c), and Inspector of Panchayat has passed the present impugned order in A7/370/2008 dated 03.08.2008, in which it is stated as follows:
TAMIL
8. On fair reading of the above impugned order dated 03.08.2008, it is made clear that the present impugned order was passed only based on the order on the judgment and decree passed in O.S.No.7 of 2001 dated 04.04.2005. Apart from this, the petitioner has produced a copy of the judgment in O.S.No.304 of 2006 dated 30.09.2013 in which the learned Additional District Munsif, Valliyoor has set aside the judgment and decree passed in O.S.No.7 of 2001, dated 04.04.2005 and passed the following orders:
In the result this suit is decreed with cost in the following term,
1. It is hereby declared that the judgment and decree passed in O.S.7/01 on the file of the Additional District Munsif court, Valliyoor is null and void and
2. Consequential permanent injunction is granted directing the 6th defendant not to enforce the judgment and decree passed in O.S.7/01 in any manner.
9. Therefore, it is well settled law once the impugned order has been passed based on the judgment and decree passed in O.S.No.7 of 2001 and later on the said judgment and decree in O.S.No.7 of 2001 was set aside by the same Court in O.S.No.304 of 2006, on 30.09.2013, the present impugned order dated 03.08.2008 is to be set aside since it is not valid in the eye of law. Apart from this, the first respondent also not given any other reason for passing the impugned order dated 03.08.2008 except the said decree in O.S.No.7 of 2001, dated 04.04.2005. Accordingly, the impugned order dated 03.08.2008 is liable to be set aside.
10. In the result, the writ petition is allowed by setting aside the order in A7/370/2008 dated 03.08.2008 passed by the first respondent. No costs.