Manivarma @ Devendran v. The Collector
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 21.06.2024 CORAM :
THE HONOURABLE MR.JUSTICE D.KRISHNAKUMAR and THE HONOURABLE MR.JUSTICE K. KUMARESH BABU Manivarma @ Devendran ... Petitioner Vs.
1. The Collector, Tiruvannamalai District, Tiruvannamalai.
2. The Block Development Officer, Peranamallur Union, Tiruvannamalai District.
3. The Thasildar, Chetpet Taluk, Tiruvannamalai District.
... Respondents PRAYER : Writ Petition filed under Article 226 of the Constitution of India seeking to issue a Writ of Mandamus, directing the respondent to act in accordance to create separate Panchayat for the Kottupakkam and Melacherry in accordance to the Act and Rules provided for the same at the earliest.
For Petitioner : Mr.V.Manohar For Respondents : Mr.A.Edwin Prabakar, State Govt.Pleader
ORDER
(Order of the Court was delivered by D.KRISHNAKUMAR, J.) This public interest litigation petition has been filed by the petitioner on behalf the entire villagers of Kottupakkam Village, Chetpet Taluk, Tiruvannamalai District seeking direction to the authorities concerned to separate the Melacherry Village from the Kottupakkam Panchayat as a separate Panchayat.
2. According to the petitioner, Kottupakkam Panchayat consists of two revenue villages viz. Kottupakkam and Melacherry and since the population of Melachery Village is more than the Kottupakkam Village, all the administration powers are vested only with the people of Melachery Village and no role is given to the people of the Kottupakkam village and inview of the same, all the benefits of the government welfare schemes have been utilized only by the people of Melacherry village and the people of the Kottupakkam villagers are being cheated, without giving their share. Hence the writ petition.
3. The learned State Government Pleader appearing for the respondents submitted that, the Government has constituted a Committee for merging of villages with nearby urban local bodies, vide G.O.Ms. No.142, Rural Development and Panchayat Raj (PR-2) Department, dated 23.11.2023. Subsequently, the government had issued addendum to the above said G.O. by including paragraph No.4. viz. scope of the committee by way of G.O.(Ms).No.20, Rural Development and Panchayat Raj (PR-2) Department, dated 02.02.2024. Therefore, the committee will look into the matters of bifurcation, merger and upgradation of the Panchayats in the State. He also placed the above said G.O.(Ms).No.20, Rural Development and Panchayat Raj (PR-2) Department, dated 02.02.2024 before this Court. He further submitted that, if the petitioner is having any grievance, he shall approach the Committee by making representation along with all relevant materials. Hence, he prayed for dismissal of the writ petition.
4. The learned counsel for the petitioner submitted that already representations were given to the respondents. Therefore, the representations of the Kottupakkam villagers have to be considered by the State Level Committee.
5. Considering the submission made by the learned State Government Pleader and also the counsel for the petitioner, we direct the petitioner to give a representation/ objection before the State level Committee and on such representation/objection being received, the State level Committee is directed to consider the same and take appropriate decision.
6. With the above directions, this writ petition is disposed of. No costs.
(D.K.K.J.) (K.B.J.) 21.06.2024 Internet: Yes/No Index : Yes/No mst To
1. The Collector, Tiruvannamalai District, Tiruvannamalai.
2. The Block Development Officer, Peranamallur Union, Tiruvannamalai District.
3. The Thasildar, Chetpet Taluk, Tiruvannamalai District.
D.KRISHNAKUMAR, J.
and
K. KUMARESH BABU , J.
mst 21.06.2024