Madras High CourtWP(MD)/4841/2022disposed of

Maragatham.M v. The District Collector

2022-03-18Honourable Mr Justice Abdul Quddhose3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 18.03.2022

CORAM:

THE HONOURABLE MR.JUSTICE ABDUL QUDDHOSE M.Maragatham .. Petitioner Vs 1.The District Collector, Tenkasi, Tenkasi District.

2.The Assistant Director (Panchayats), Tenkasi, Tenkasi District.

3.The Block Development Officer (Village Panchayat), Sankarankovil Panchayat Union, Tenkasi District.

4.Kalappakulam Panchayat, represented by its President, Kalappakulam, Sankarankovil Panchayat Union, Tenkasi District.

.. Respondents PRAYER: Petition filed under Article 226 of the Constitution of India to issue a Writ of Mandamus, directing the respondents to implement the proceedings of the 3rd respondent in Na.Ka.No.A3/917/2020, dated 22.02.2022, insisting the 4th respondent to shift the Panchayat Office from Sankarankovil Panchayat Union Office building to Panchayat Office building situated at Kalappakulam Village, Sankarankovil Taluk, Tenkasi District, within the time frame fixed by this Court.

For Petitioner : Mr.R.J.Karthick For Respondents : Mr.M.Lingadurai for R1 & R2 Special Government Pleader Mr.S.Saji Bino for R3 & R4 Special Government Pleader

ORDER

This writ petition has been filed for a Mandamus seeking for a direction to the respondents to implement the proceedings of the 3rd respondent in Na.Ka.No.A3/917/2020, dated 22.02.2022, under which the fourth respondent's office was directed to be shifted to Kalappakulam Village, Sankarankovil Taluk, Tenkasi District. 1/3

2.The petitioner seeks for implementation of the said proceedings in this writ petition.

3.Heard Mr.R.J.Karthick, learned counsel appearing for the petitioner, Mr.M.Lingadurai, learned Special Government Pleader, appearing for the respondents 1 and 2 and Mr.S.Saji Bino, learned Special Government Pleader, appearing for the respondents 3 and 4. 4.The petitioner has given representations on 28.01.2022 and 29.01.2022. Proceedings has also been issued by the third respondent, under which the third respondent has agreed to shift the Panchayat Office to Kalappakulam Village Panchayat Office building. Since the proceedings of the third respondent, dated 22.02.2022, has not been implemented, the petitioner has filed this writ petition. 5.

The learned Special Government Pleader, appearing for the respondents, on instructions would submit that the new place to which the Panchayat Office is likely to be shifted at Kalappakulam Village, requires renovation and repair work and it may take a minimum of six months for completing the same. He would also submit that proposal has also been sent to the Government for doing the renovation/repair work there. The said statement is recorded. 6.After giving due consideration to the submissions made by the respective counsels, this Court is of the view that no prejudice will be caused to the respondents, if the proceedings of the third respondent, dated 22.02.2022, is implemented, within a time frame to be fixed by this Court.

7.Accordingly, this Court directs the respondents 2 and 4 to implement the proceedings of the third respondent, dated 22.02.2022, passed in Na.Ka.No.A3/917/2020, after completion of the renovation/repair work, preferably, within a period of eight months from the date of receipt of a copy of this order. 8.With the aforesaid directions, this writ petition is disposed of. No costs.

Sd/- Assistant Registrar (CS-III) // True Copy // / /2022 Sub Assistant Registrar(CS) TM 2/3

Note:In view of the present lock down owing to COVID19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the Advocate/litigant concerned.

To 1.The District Collector, Tenkasi, Tenkasi District.

2.The Assistant Director (Panchayats), Tenkasi, Tenkasi District.

3.The Block Development Officer (Village Panchayat), Sankarankovil Panchayat Union, Tenkasi District.

4.The President, Kalappakulam Panchayat, Kalappakulam, Sankarankovil Panchayat Union, Tenkasi District.

+1 CC to M/s.R.J.KARTHICK, Advocate ( SR-13140[F] dated 21/03/2022 ) +1 CC to M/s.S.SAJI BINO, Advocate ( SR-13344[F] dated 22/03/2022 ) +1 CC to M/s.SPL GP ( SR-13194[F] dated 21/03/2022 ) 18.03.2022 ss(CO) GC(30.03.2022) 3P 8C 3/3