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Madras High CourtWP/3403/2024dismissed

L.Shanmugam v. The Government Of Tamilnadu

2025-12-02Honourable Mr Justice M.Dhandapani5 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 02-12-2025

CORAM

THE HONOURABLE MR JUSTICE M.DHANDAPANI L.Shanmugam Petitioner(s) Vs

1. The Government of Tamil Nadu, Rep. by the Principal Secretary, Rural Development and Panchayat Raj Department Secretariat, Chennai 600 009.

(R1-deleted As Per Order Dated 17.12.2024 In WMP.42006/2024 In WP.3403/2024 By VBSJ) 2.The District Collector, Erode District, Erode - 11.

3.The Secretary, Ombudsman Local Authority, No. 100, Anna Salai, Guindy, Chennai 600032. 4.The Director of Town Panchayat, Office of Directorate of Town Panchayat, Raja Annamalai Puram, Chennai 600 028.

5.The Joint Director / Nodal Officer, Directorate Of Town Panchayat, Raja Annamalai Puram, Chennai 600 028.

6.The Executive Officer, Vellottamparapu Town Panchayat, Erode District - 638 104.

7.R. Vijayan Executive Officer, Vellottamparapu Town Panchayat, Erode District - 638 104.

8.Jayachandran, S/o.Sivalingam, Vice President, Vellottamparappu Panchayat, Erode District.

(R8-impleaded As Per Order Dated 17.12.2024 In WMP.10947/2024 In WP.3403/2024 By VBSJ) Respondent(s) PRAYER:- Petition filed under Article 226 of the Constitution of India, seeking issuance of writ of mandamus, directing the 4th respondent to initiate appropriate disciplinary action against the 7th respondent for granting permission to lay concrete road in S. No 372 / 17 in Patta land located in Punjai Kolanalli Village, Kodumudi, Taluk, Erode District based on the findings of the 3rd respondent order dated 31.10.2023.

For Petitioner(s):

Mr.K. Karthikeyan For Respondent(s):

Mr.C.Selvaraj Additional Government Pleader for R1 to R4 & R5 Mr.B.Tamilnidhi Additional Government Pleader for R6 & R7 Mr.K.Thiruvengadam for R8

ORDER

This Writ Petition has been filed seeking issuance of writ of mandamus, directing the 4th respondent to initiate appropriate disciplinary action against the 7th respondent for granting permission to lay concrete road in S. No. 372 / 17 in Patta land located in Punjai Kolanalli Village, Kodumudi, Taluk, Erode District based on the findings of the 3rd respondent order dated 31.10.2023.

2. The learned counsel for the petitioner would submit that the petitioner is a Councilor elected by the 6th respondent Panchayat. It is stated that the 7th respondent try to lay the road in the patta land. Aggrieved by the same, the

petitioner made a complaint before the 4th respondent for initiation of appropriate action against the 7th respondent. Since no order was passed, the present writ petition is filed.

3. The learned counsel for the petitioner would submit that this Court may issue a direction to the 4th respondent to dispose of the petitioner's representation dated 23.08.2023 and 24.08.2023 and pass appropriate orders.

4. It is seen that for the very same allegation, the petitioner approached the Ombudsman and the Ombudsman passed the order on 31.10.2023. However, action against the 7th respondent has not been taken. Hence, the present writ petition is filed.

5. Considering the facts and circumstances of the case, it is seen that the petitioner is not an aggrieved person. If the 7th respondent is laying the road in the patta land, the land owner has to adjudicate the issue, not by the petitioner. Hence, the prayer sought for in the writ petition cannot be granted. Accordingly, this Writ Petition is dismissed. No costs. 02-12-2025 kkn Index:Yes/No Speaking/Non-speaking order

To 1.The Government Of Tamilnadu Rep. By The Principal Secretary, Rural Development And Panchayat Raj Department Se3cretariatchennai 600 009.

(r1-deleted As Per Order Dated 17.12.2024 In Wmp.42006/2024 In Wp.3403/2024 By Vbsj) 2.The District Collector Erode District Erode 11 3.The Secretary, Ombudsman Local Authority, No 100, Anna Salai, Guindy, Chennai 600032.

4.The Director of Town Panchayat, Office of Directorate of Town Panchayat, Raja Annamali Puram, Chennai 600 028.

5.The Joint Director / Nodal Officer, Directorate Of Town Panchayat, Raja Annamalai Puram, Chennai 600 028.

6.The Executive Officer Vellottamparapu Town Panchayat, Erode District 638 104 7.R. Vijayan Executive Officer, Vellottamparapu Town Panchayat, Erode District - 638 104.

8.Jayachandran, S/o.Sivalingam, Vice President, Vellottamparappu Panchayat, Erode District.(R8-impleaded As Per Order Dated 17.12.2024 In Wmp.10947/2024 In Wp.3403/2024 By Vbsj)

M.DHANDAPANI J.

KKN 02-12-2025