S. Gunasekhar v. State Of Andhra Pradesh

THE HON'BLE SRI JUSTICE CHALLA KODANDA RAM WRIT PETITION No. 5525 OF 2018 O R D E R:

This Writ Petition is filed to declare the action of Respondents 5 and 6 Divisional Panchayat Officer, Madanapalle and Mandal Parishat Development Officer, Kuppam Mandal respectively in forwarding the proposals to Respondents 3 and 4 District Collector and District Panchayat Officer, Chittoor District for trifurcation of the 7th respondent gram panchayat as Mallanuru, T. Chadumuru and Chinna Obba Gram Panchayats, without following the procedure as contemplated in law, as illegal and unconstitutional.

Petitioners claim to be the residents of various villages which come under the jurisdiction of the 7th respondent gram panchayat. The limited grievance of the petitioners is that the respondents, without taking the views and opinion of the public, have been resorting to unilateral trifurcation of the subject gram panchayat. On 20.02.2018, when the matter appeared, learned Standing Counsel for the gram panchayat sought time to secure the written instructions. Today, the learned counsel has placed on record the letter dated 20.02.2018 addressed by the 4th respondent District Panchayat Officer saying that there is no proposal at all submitted to the government for trifurcation of Mallanur Gram Panchayat of Kuppam Mandal.

In view of the categorical submission made by the District Panchayat Officer, since there is no proposal for trifurcation of Mallanur Gram Panchayat, the Writ Petition is premature and

hence, the question of issuing a mandamus does not arise. In those circumstances, the Writ Petition is closed. No costs. Consequently, the miscellaneous Applications if any shall also stand closed.

____________________________ CHALLA KODANDA RAM, J 21st February 2018 ksld