Stephan v. The Principal Secretary
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 24.06.2025 CORAM :
THE HONOURABLE MRS.JUSTICE N.MALA Writ Petition No .22310 of 2025 and W.M.P.No.25114 of 2025 T.Stephen ... Petitioner Vs.
1.The Principal Secretary Village Panchayat and Panchayat Raj, Secretariat, Chennai - 600 009.
2. The Commissioner Village Panchayat and Panchayat Raj, Secretariat, Chennai -600 009.
3.The District Collector O/o District Collectorate Salem District.
4.The Revenue Tahsildar Kadaiyambatti Taluk, Salem District.
... Respondents PRAYER: Writ Petition filed under Article 226 of Constitution of India, praying for issuance of Writ of Mandamus, to direct the respondents to declare the area comprising the village in K.Morur Ambedkar Nagar, Kanavaiputhur Panchayath, Kadaiyamapatti Taluk, Salem District as a Page No.1 of 6
separate panchayath in consideration of the livelihood of the aid village people and to facilitating our development of poverty line people and consequentially time may be fixed by this Court to consider the petitioner's representation on 08.01.2025.
For Petitioner : Mr.G.Munuraj For Respondents : Mrs.P.Vijayadevi for R1 to R4 Government Advocate
O R D E R
This petition has been filed to direct the respondents to declare the area comprising the village in K.Morur Ambedkar Nagar, Kanavaiputhur Panchayath, Kadaiyamapatti Taluk, Salem District, as a separate panchayath for facilitating the development of the village and consequentially fix a time frame for the disposal of the petitioner's representation dated 08.01.2025. 2.Mrs.P.Vijayadevi, learned Government Advocate takes notice for the respondents Nos.1 to 4.
3. By consent of both the parties, this writ petition is taken up for final disposal at the admission stage itself.
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4. The petitioner belongs to Kanavaiputhur Panchayat which has a population above 14,000 people. The petitioner states that the said Kanavaiputhur Panchayat has facilities like ration shop, cooperative store, Siddha Hospital, Primary Health Centre, Post Office etc., but all the said facilities are concentrated in one place catering basically to the needs of the higher community people and those with political influence. However, for poor people living below poverty line, there are no basic facilities and they are forced to live in repressive conditions. The petitioner further states that the special right conferred under Article 14, 21 and 73rd Constitutional Amendment and Article 243(a) to 243 (O) of the Constitution of India remain largely inaccessible to the Marginalised classes. The petitioner under the circumstances submitted a representation on 08.01.2025, to the respondents, but as no action was taken on his representation, he filed the above writ petition.
5. Though many issues have been raised in the writ petition, learned counsel for the petitioner submitted that it would suffice if this Court Page No.3 of 6
directs the first respondent, to consider the petitioner's representation dated 08.01.2025 and pass orders within a stipulated time.
6. In view of the above facts and considering the limited relief sought for by the learned counsel for the petitioner, I am inclined to direct the first respondent, to consider the petitioner's representation dated 08.01.2025, in the light of the Part IX of the Constitution of India and the provisions of the Tamil Nadu Panchayats Act, 1994 and pass appropriate orders on merits and in accordance with law, within a period of eight(8) weeks from the date of receipt of a copy of this order.
7. With the aforesaid direction, this writ petition is disposed of. No costs. Consequently connected miscellaneous petition is closed. 24.06.2025 msv Index :
Yes/No Speaking Order :
Yes/No :
Yes/No Page No.4 of 6
To:
1.The Principal Secretary Village Panchayat and Panchayat Raj, Secretariat, Chennai - 600 009.
2. The Commissioner Village Panchayat and Panchayat Raj, Secretariat, Chennai -600 009.
3.The District Collector O/o District Collectorate Salem District.
4.The Revenue Tahsildar Kadaiyambatti Taluk, Salem District.
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N.MALA,J.
msv Writ Petition No .22310 of 2025 and W.M.P.No.25114 of 2025 24.06.2025 Page No.6 of 6