Jeyaraj P v. The State Of Tamil Nadu

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 12.04.2023

CORAM:

THE HONOURABLE MR.JUSTICE R.SUBRAMANIAN and THE HONOURABLE MRS.JUSTICE L.VICTORIA GOWRI P.Jeyaraj ... Petitioner -vs1.The State of Tamil Nadu rep.by its Principal Secretary to Government Rural Development and Panchayat Raj Department Secretariat, Chennai-9 2.The Director of Rural Development and Panchayat Raj Panagal Building Saidapet, Chennai-15 3.The District Collector / Inspector of Panchayat Collectorate Campus Tenkasi, Tenkasi District 4.The District Revenue Officer O/o.the District Revenue Tenkasi, Tenkasi District

5.The Tahsildhar Taluk Office Railway Road, Tenkasi Tenkasi District 6.The Block Development Officer O/o.the Block Development Office Kadayam Union Tenkasi Taluk, Tenkasi District 7.The President Kadayam Perumpathu Village Panchayat Kadayam Union Tenkasi Taluk, Tenkasi District ... Respondents PRAYER: Petition filed under Article 226 of the Constitution of India, to issue a writ of mandamus directing the respondents 1 to 3 to conduct necessary inspection with revenue records and resolve the territorial dispute between Mettur Village and Veikalipatty Village at Kadayam Perumpathu Village Panchayat, Kadayam Panchayat Union, Tenkasi Taluk, Tenkasi District, by considering the petitioner's representation dated 13.03.2023, within the period stipulated by this Court.

For Petitioner :

Mr.M.Ajmal Khan, Senior Counsel for M/s.Ajmal Associates For Respondents :

Mr.P.Thilakkumar Government Pleader for R1 to R5 Mr.A.Baskaran Additional Government Pleader for R6 to R7

O R D E R

[Order of the Court was made by R.SUBRAMANIAN, J.] Mr.P.Thilakkumar, learned Government Pleader, takes notice for the respondents 1 to 5 and Mr.A.Baskaran, learned Additional Government Pleader, takes notice for the respondents 6 & 7.

2. Considering the limited prayer sought for, this writ petition is disposed of at the admission stage itself.

3. Prayer in this writ petition reads as follows" "For the reasons stated in the accompanying affidavit, it is therefore prayed that this Hon'ble Court may be pleased to issue a WRIT OF MANDAMUS or any other appropriate writ or order or direction in the nature of writ directing the Respondents 1 to 3 to conduct necessary inspection with revenue records and resolve the territorial dispute between Mettur Village and Veikalipatty Village at Kadayam Perumpathu Village Panchayat, Kadayam Panchayat Union, Tenkasi Taluk, Tenkasi District by considering the petitioner's representation dated 13.03.2023 within the period that may be stipulated by this Hon'ble Court and pass such further or other orders as this Hon'ble Court may deem fit and proper in the circumstances of the case and thus render justice."

4. Section 4 of the Tamil Nadu Panchayats Act, 1994, authorizes the District Collector, in his capacity as Inspector of Panchayats, to decide on the disputes relating to boundaries of Panchayats. It is seen from the records that the parties have petitioned the District Collector, Tenkasi District / Inspector of Panchayats for resolution of the disputes between the two villages. As the Inspector of Panchayats and the Statutory Authority vested with the powers, the District Collector, Tenkasi District, is expected to resolve the dispute.

5. Hence, this writ petition is disposed of with a direction to the District Collector, Tenkasi District / third respondent to resolve the dispute by disposing the petitioner's representation dated 13.03.2023 at the earliest, at any rate within a period of four weeks from the date of receipt of a copy of this order. No costs.

[R.S.M., J.] [L.V.G., J.] 12.04.2023 NCC :

Yes / No Index :

Yes / No Internet :

Yes / No krk

To:

1.The Principal Secretary to Government, Rural Development and Panchayat Raj Department, State of Tamil Nadu, Secretariat, Chennai-9.

2.The Director of Rural Development and Panchayat Raj, Panagal Building, Saidapet, Chennai-15.

3.The District Collector / Inspector of Panchayat, Collectorate Campus, Tenkasi, Tenkasi District.

4.The District Revenue Officer, O/o.the District Revenue, Tenkasi, Tenkasi District.

5.The Tahsildhar, Taluk Office, Railway Road, Tenkasi, Tenkasi District.

6.The Block Development Officer, O/o.the Block Development Office, Kadayam Union, Tenkasi Taluk, Tenkasi District.

7.The President, Kadayam Perumpathu Village Panchayat, Kadayam Union, Tenkasi Taluk, Tenkasi District.

R.SUBRAMANIAN , J.

and L.VICTORIA GOWRI , J.

krk 12.04.2023