S.Kanthavel v. The District Collector
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 22.02.2023 CORAM :
THE HON'BLE MR.T.RAJA, ACTING CHIEF JUSTICE AND THE HON'BLE MR.JUSTICE D.BHARATHA CHAKRAVARTHY and W.M.P.No.5109 of 2023 S.Kanthavel .. Petitioner Vs 1.The District Collector, Dharmapuri District, Dharmapuri-636 906.
2.The Assistant Collector, District Collector Office, Dharmapuri District, Dharmapuri-636 906.
3.The Revenue Divisional Officer, Harur Taluk, Dharmapuri District.
4.The Block Development Officer (Scheme), Panchayat Union Office, Harur Taluk, Dharmapuri District.
5.Kalaivaani 6.Ponnusakan .. Respondents
Prayer: Petition filed under Article 226 of the Constitution of India seeking issuance of a writ of mandamus directing the respondents to consider the petitioner's representation dated 13.08.2022 and directing the first respondent to construct the Panchayat Office at Theerthamalai Village, Harur Taluk, Dharmapuri District. For the Petitioner : Mr.R.Subramanian For the Respondents : Mr.P.Muthukumar State Government Pleader for respondent Nos.1 to 4
ORDER
(Order of the court was made by the Hon'ble Acting Chief Justice) S.Kanthavel, son of Saminathan, a resident of Theerthamalai Village has filed this writ petition seeking issuance of a writ of mandamus directing the respondent authorities to consider the petitioner's representation dated 13.08.2022 and direct the first respondent to construct the Panchayat Office at Theerthamalai Village, Harur Taluk, Dharmapuri District.
2. Mr.R.Subramanian, learned counsel for the petitioner, would submit that the petitioner is the Headman of Theerthamalai
Village, where more than 2000 people are residing. It is stated that Theerthamalai Village Panchayat consists of Poyyapatti, Kattuyudachanpatti and Kurumpatti Villages. It is the claim of the petitioner that Theerthamalai is a prominent tourist spot in Dharmapuri District and everyday thousands of tourists visit the temples in the said village. It is further submitted that Theerthamalai Panchayat is surrounded by Primary Health Centre, Revenue Inspector Office, Village Administrive Office, Telephone Exchange and two Higher Secondary Schools. It is pleaded that since Theerthamalai Village is the main business area with all facilities, the first respondent granted administrative permission to construct the village panchayat office in Theerthamalai Village, however the fifth respondent is constructing the village panchayat office in Poyyapatti Village. Pointing out the aforesaid facts, the petitioner sent a representation to the respondent authorities on 13.8.2022. Since the said representation did not evoke any response, the petitioner has been advised to file this writ petition.
3. Mr.P.Muthukumar, learned State Government Pleader
appearing on behalf of respondents 1 to 4, would submit that the petitioner has approached this court belatedly, as the construction of the village panchayat office has almost completed. Secondly, he submitted that since the old village panchayat office was in a dilapidated condition, the new office was constructed at the same place after demolishing the old building. Therefore, he prayed for dismissal of this writ petition.
4. Considering the fact that the new village panchayat office has already been constructed and, that too, after demolishing the old and dilapidated village panchayat office which existed in the same place, we do not find any reason to entertain the writ petition. The writ petition is, accordingly, dismissed. There will be no order as to costs. Consequently, W.M.P.No.5109 of 2023 is closed. (T.R., ACJ.) (D.B.C., J.) 22.02.2023 Index :
No No sasi
To:
1.The District Collector, Dharmapuri District, Dharmapuri-636 906.
2.The Assistant Collector, District Collector Office, Dharmapuri District, Dharmapuri-636 906.
3.The Revenue Divisional Officer, Harur Taluk, Dharmapuri District.
4.The Block Development Officer (Scheme), Panchayat Union Office, Harur Taluk, Dharmapuri District.
THE HON'BLE ACTING CHIEF JUSTICE AND D.BHARATHA CHAKRAVARTHY, J.
(sasi) and W.M.P.No.5109 of 2023 22.02.2023