Kattiyammal v. The District Collector
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 18.03.2025
CORAM:
THE HONOURABLE MR.JUSTICE VIVEK KUMAR SINGH and W.M.P.(MD)Nos.5600 to 5602 of 2025 Kattiyammal ... Petitioner -vs1.The District Collector, Office of the Collectorate, Thoothukudi.
2.The Assistant Director of Panchayat, Office of the Assistant Director of Panchayat, Collectorate, Thoothukudi.
3.The Adi Dravidar Welfare Officer, Office of the Adi Dravidar Welfare Officer, Collectorate, Thoothukdui.
4.The Block Developments Officer (Village Panchayat) / Special Officer, Block Development Office, Otapidaram, Thoothukudi District.
... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India, to issue a Writ of Certiorarified Mandamus, calling for the records pertaining to the Impugned Resolution dated 22.01.2024 passed by the then President of
Jampulingapuram Panchayat and now the Panchayat was under the administration of the fourth respondent and quash the same as illegal and construct the Fair Price Shop in the Place where administrative sanction was issued in Survey No. 357/2010 in Jambulingapuram Village Panchayat, Ottapidaram Taluk, Tuticorin District.
For Petitioner : Mr.D.Senthil For R1 to R3 : Mr.J.K.Jayaselan Government Advocate For R4 : Mr.B.Saravanan Additional Government Pleader
ORDER
This Writ Petition has been filed seeking to quash the Impugned Resolution dated 22.01.2024 passed by the then President of Jampulingapuram Panchayat and now the Panchayat was under the administration of the fourth respondent and quash the same as illegal and construct the Fair Price Shop in the Place where administrative sanction was issued in Survey No.357/2010 in Jambulingapuram Village Panchayat, Ottapidaram Taluk, Tuticorin District.
2. With the consent of both sides, this Writ Petition is taken up for final disposal at the admission stage itself.
3. The learned counsel for the petitioner submits that initially, Survey No. 357/2010 was selected for the construction of a fair price shop in the petitioner's village. However, the contractor, relying on the impugned resolution dated 22.01.2024 passed by the then President of Jampulingapuram Panchayat, has taken steps to construct the fair price shop on the petitioner's property, despite civil litigation being pending before this Court regarding the said property. Hence, the present Writ Petition.
4. The learned Government Advocate appearing for the respondents 1 to 3 submits that the power to suspend or cancel the resolution lies with the District Collector, as per Section 202 of the Tamil Nadu Panchayats Act, 1994. If the petitioner submits a representation outlining all her grievances, the same will be considered in accordance with the law, within a time frame to be fixed by this Court.
5. Recording the above submissions, this Writ Petition is disposed of, with a direction to the petitioner to submit a representation outlining her grievances to the first respondent / District Collector within a period of two weeks from the
date of receipt of a copy of this order. Upon receipt of such representation, the first respondent shall consider it on merits and pass appropriate orders in accordance with law, within three months thereafter. In the interregnum, the respondents shall maintain status quo prevailing as on date. There shall be no order as to costs. Consequently, connected Miscellaneous Petitions are closed. NCC : Yes / No 18.03.2025 Index : Yes / No smn2 To:- 1.The District Collector, Office of the Collectorate, Thoothukudi.
2.The Assistant Director of Panchayat, Office of the Assistant Director of Panchayat, Collectorate, Thoothukudi.
3.The Adi Dravidar Welfare Officer, Office of the Adi Dravidar Welfare Officer, Collectorate, Thoothukdui.
4.The Block Developments Officer (Village Panchayat) / Special Officer, Block Development Office, Otapidaram, Thoothukudi District.
VIVEK KUMAR SINGH , J.
smn2 18.03.2025