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Madras High CourtWP(MD)/6114/2022disposed of

Idayarani .A v. The District Collector

2022-04-07Honourable Mr Justice Abdul Quddhose3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 07.04.2022

CORAM:

THE HONOURABLE MR.JUSTICE ABDUL QUDDHOSE A.Idayarani .. Petitioner Vs 1.The District Collector, Collectorate, Thoothukudi District.

2.The Assistant Director of Panchayat (Village Panchayat) O/o The Assistant Director of Panchayat, Collectorate, Thoothukudi District.

3.The Revenue Divisional Officer, O/o. The Revenue Divisional Officer, Kovilpatti, Thoothukudi District.

4.The Tahsildar, Ottapidaram Taluk Office, Thoothukudi District.

5.The Block Development Officer, Keelakottai Village Panchayat, Ottapidaram Taluk, Thoothukudi District.

.. Respondents PRAYER: Petition filed under Article 226 of the Constitution of India to issue a Writ of Mandamus, directing the Respondents to consider the representation, dated 27.01.2022, made by the petitioner for construct the new Panchayat Office at Keelakottai Village Panchayat, Ottapidaram Taluk, Thoothukudi District, within the time stipulated by this Court.

For Petitioner : Mr.I.Pinaygash For Respondents : Mr.M.Lingadurai for R1 to R4 Special Government Pleader Mr.Karthik for R5 Government Advocate Mr.S.Vellaichamy for impleading respondent

ORDER

This writ petition has been filed for a Mandamus seeking for a direction to the Respondents to consider the representation of the petitioner, dated 27.01.2022, made by the petitioner to construct a new Panchayat Office at Keelakottai Village Panchayat, Ottapidaram 1/3

Taluk, Thoothukudi District, within a time frame to be fixed by this Court.

2.According to the petitioner, the present building, where the Panchayat Office located is in a dilapidated condition. In such circumstances, she has given a representation to the respondents for the construction of a new building for the Panchayat Office. Since the representation has not been considered till date, she has filed this writ petition.

3.Heard Mr.I.Pinaygash, learned counsel appearing for the petitioner, Mr.M.Lingadurai, learned Special Government Pleader, who accepts notice on behalf of the respondents 1 to 4 and Mr.Karthik, learned counsel, who accepts notice on behalf of the 5th respondent. Also heard Mr.S.Vellaichamy, learned counsel appearing for the proposed party, who seeks permission of this Court to file an impleading application.

4.No prejudice will be caused to the respondents, if the petitioner's representation is considered on merits and in accordance with law. The petitioner seeks for construction of a new panchayat office as the existing building, where now the panchayat office is located is in a dilapidated condition. 5.For the foregoing reasons, this Court directs the fifth respondent to consider the petitioner's representation, dated 27.01.2022, requesting for construction of a new panchayat office at Keelakottai Village Panchayat, Ottapidaram Taluk, Thoothukudi District, within a period of five months from the date of receipt of a copy of this order, after affording a fair hearing to the petitioner and other necessary parties, whom the fifth respondent deems fit to enquire.

6.With the aforesaid directions, this writ petition is disposed of. No costs.

Sd/- Assistant Registrar (CRL) // True Copy // / /2022 Sub Assistant Registrar(CS) TM Note:In view of the present lock down owing to COVID-19 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.

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To 1.The District Collector, Collectorate, Thoothukudi District. 2.The Assistant Director of Panchayat (Village Panchayat) O/o The Assistant Director of Panchayat, Collectorate, Thoothukudi District.

3.The Revenue Divisional Officer, O/o. The Revenue Divisional Officer, Kovilpatti, Thoothukudi District.

4.The Tahsildar, Ottapidaram Taluk Office, Thoothukudi District.

5.The Block Development Officer, Keelakottai Village Panchayat, Ottapidaram Taluk, Thoothukudi District.

+1 CC to M/s.SPL.G.P ( SR-17581[F] dated 08/04/2022 ) 07.04.2022 CK(CO) KB(20.04.2022) 3P 7C 3/3