Sivalingam v. The Secretary

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 19.03.2025 CORAM :

THE HONOURABLE MRS.JUSTICE J.NISHA BANU and THE HONOURABLE MRS.JUSTICE S.SRIMATHY Sivalingam ... Petitioner vs.

1. The Secretary, Rural Development and Panchayaraj, St.George Fort, Secretariat, Chennai.

2. The Director, Rural Development and Panchayaraj Panagal Building, Saidapet, Chennai.

3. The District Collector, Office of the District Collectorate,

4. The Assistant Director Village Panchayats,

5. The Tahsildar Office of the Tahsildar, Kamuthi Taluk, Ramanathapuram District.

6. The Block Development Officer, Kamuthi Taluk, Ramanathapuram District.

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7. The Village Administrative Officer, O.Karisalkulam, Kamuthi Taluk,

8. The President, O.Karisalkulam Village Panchayat, Kamuthi Taluk, ... Respondents PRAYER : Writ Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Mandamus, to direct the Respondents to bifurcate the Thoppadaipatti Village and Chokkalingapuram Village from the 8th respondent's Village Panchayat and declare as separate Village Panchayat and subsequently O.Karisalkulam Village Panchayat and Olugupuli Village, Oosampottal Village to declare as a New Village Panchayat, by considering the petitioner's representation dated 31.01.2024. For Petitioner : Mr.A.Uthaya Kumar For R1 to R7 : Mr.P.Thilakkumar Government Pleader For R8 : Mr.R.Alagia Nambi

ORDER

(Order of the Court was made by J.NISHA BANU, J.) The prayer in this writ petition is for issuance of a Writ of Mandamus, to direct the Respondents to bifurcate the Thoppadaipatti Village and Chokkalingapuram Village from the 8th respondent's Village 2/6

Panchayat and declare as separate Village Panchayat and subsequently O.Karisalkulam Village Panchayat and Olugupuli Village, Oosampottal Village to declare as a New Village Panchayat, by considering the petitioner's representation dated 31.01.2024. 2.

Though the petitioner sought for the abovesaid prayer, today, when the writ petition was taken up for hearing, learned counsel appearing for the petitioner submitted that it is suffice if a direction is issued to the official respondents to consider and dispose of his representation dated 31.01.2024 within a time frame. 3.

Learned Government Pleader appearing for the respondents submitted that the representation of the petitioner dated 31.01.2024 would be considered by the concerned respondent and appropriate orders would be passed on its own merits within a time frame that may be stipulated by this Court.

4.

Heard both sides.

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5.

In the light of the above observations, there shall be a direction to the official respondents to consider the petitioner's representation dated 31.01.2024, on its own merits and pass appropriate orders in accordance with law, after giving due opportunity to the petitioner, as well as all other persons, who may be interested in the subject matter, within a period of three months from the date of receipt of a copy of this order. It is made clear that this Court has not expressed any of its views with regard to the merits of the matter and that it is open to the concerned respondents to consider the same on its own merits.

6.

With the above direction, the Writ Petition stands disposed of. No costs.

[J.N.B, J.] [S.S.Y, J.] 19.03.2025 Index : Yes / No bala 4/6

To

1. The Secretary, Rural Development and Panchayaraj, St.George Fort, Secretariat, Chennai.

2. The Director, Rural Development and Panchayaraj Panagal Building, Saidapet, Chennai.

3. The District Collector, Office of the District Collectorate,

4. The Assistant Director Village Panchayats,

5. The Tahsildar Office of the Tahsildar, Kamuthi Taluk, Ramanathapuram District.

6. The Block Development Officer, Kamuthi Taluk, Ramanathapuram District.

7. The Village Administrative Officer, O.Karisalkulam, Kamuthi Taluk,

8. The President, O.Karisalkulam Village Panchayat, Kamuthi Taluk, 5/6

J.NISHA BANU, J.

AND S.SRIMATHY, J.

bala ORDER MADE IN DATED : 19.03.2025 6/6