Kottaiyur Panchayat v. State Of Tamilnadu
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 21.11.2016 CORAM :
The Hon'ble MR.SANJAY KISHAN KAUL, CHIEF JUSTICE AND The Hon'ble MR.JUSTICE R.MAHADEVAN W.P.No.10140 of 2013 and M.P.No.1 of 2013 1.Kottaiyur Panchayat, rep. by its President A.Muniammal, Athuvazhi Post, Sivagiri Taluk, Tirunelveli District.
2.S.P.Ramaraj .. Petitioners -vs1.State of Tamil Nadu, rep. by Secretary to Government, Department of Local Administration, Fort St. George, Chennai-600 009.
2.The District Collector, Tirunelveli District, Tirunelveli.
3.Commissioner of Panchayats and Block Development Officer, Vasudevanallur Panchayat Union, Vasudevanallur, Sivagiri Taluk, Tirunelveli District.
4.Naranapuram Panchayat, rep. by its President Mary Chinnathayyee, Vasudevanallur Panchayat Union, Sivagiri Taluk, Tirunelveli District.
.. Respondents Writ Petition filed under Article 226 of the Constitution of India praying for issue of Writ of Certiorarified Mandamus calling for the records relating to order Na.Ka.No.A2/5630/OONI/2001 dated 15.11.2012 passed by the second respondent, quash the same and direct the first and second respondent to declare that the lands covered by Dharani Sugar Mills (particularly all land whose survey numbers are set out in
the annexure hereto) as part of the Kottaiyur Panchayat. For Petitioners :
M/s.Giridhar and Sai For Respondents :
Mr.R.Vijayakumar Addl. Govt. Pleader for R1 & R2 Mr.Lesi Saravanan for R3 Mr.B.Ravi for R4
ORDER
(Order of the Court was made by The Hon'ble Chief Justice) On hearing the learned counsel for parties, it is agreed as under:
(1)The petitioner will avail of the appellate remedy under Section 4(3) of the Tamil Nadu Panchayats Act, 1994 within thirty days from today.
(2)The appeal shall be decided not later than three months' from the date of filing of the appeal, after notice to all concerned.
(3)During pendency of the appeal, the interim order (M.P.No.1 of 2013) dated 12.12.2013 in the present petition would continue to operate and in the eventuality of the adverse orders against the petitioner, for a period of 15 days from the date of communication of the order to the petitioner.
2. The writ petition, accordingly, stands disposed of. No costs. Consequently, M.P.No.1 of 2013 is closed. Sd/- Assistant Registrar //True Copy// Sub Assistant Registrar bbr To 1.The Secretary, Department of Local Administration, Fort St. George, Chennai-600 009.
2.The District Collector, Tirunelveli District, Tirunelveli.
3.The Commissioner of Panchayats and Block Development Officer, Vasudevanallur Panchayat Union, Vasudevanallur, Sivagiri Taluk, Tirunelveli District.
+1cc to Mr.R. Subramanian, Advocate, S.R.No.67597 +1cc to Mr.Giridhar, Advocate, S.R.No.68206 +1cc to the Government Pleader, S.R.No.68497 pk(CO) md(02/12/2016) W.P.No.10140 of 2013