Vedasandur Vattara Vivasayigal Nala Sangam v. The District Collector

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 21.04.2023

CORAM:

THE HONOURABLE MR.JUSTICE R.SUBRAMANIAN and THE HONOURABLE MRS.JUSTICE L.VICTORIA GOWRI Vedasandur Vattara Vivasayigal Nala Sangam Registration No.67/2020 Aathumedu, Dindigul Road Vedasandur-624 710, Dindigul District represented by its President C.Kanagarajan ... Petitioner -vs1.The District Collector Dindigul Collectorate Dindigul-624 004 2.The President V.Pudukottai Village Vedasandur Panchayat Union Vedasandur Taluk ... Respondents PRAYER: Petition filed under Article 226 of the Constitution of India, to issue a writ of mandamus directing the 1st Respondent, the District Collector, Dindigul District, Dindigul to provide necessary approval within a specified time limit on the letter filed by the Petitioner dated 07.11.2022, based on the Panchayat Resolution dated 28.10.2022, without any further loss of time.

For Petitioner :

Mr.S.I.Muthiah For Respondents :

Mr.P.Thilakkumar Government Pleader for R1

O R D E R

[Order of the Court was made by R.SUBRAMANIAN, J.] Prayer in this writ petition reads as follows: "For the reasons stated in the accompanying affidavit, it is prayed that this Hon'ble Court may be pleased to issue a WRIT OF MANDAMUS or any other Writ or Order in the nature of a Writ, directing the 1st Respondent, the District Collector, Dindigul District, Dindigul to provide necessary approval within a specified time limit on the letter filed by the Petitioner dated 07.11.2022, based on the Panchayat Resolution dated 28.10.2022, without any further loss of time and to pass any such or further orders as deemed fit and appropriate in the circumstances of the matter and thus render Justice."

2. Mr.P.Thilakkumar, learned Government Pleader, takes notice for the first respondent.

3. Considering the nature of the prayer, notice to the second respondent is dispensed with.

4. Though the learned Government Pleader appearing for the first respondent would submit that the application seeking approval of the District Collector, under Section 147 of the Tamil Nadu Panchayats Act, 1994 (for brevity, "the Act"), has been sent to a wrong person, we do not think that by itself would be a ground to reject the prayer.

5. The Additional District Collector, Dindigul District, is required to transmit the representation dated 07.11.2022 received from the President, V.Pudukottai Village to the District Collector, Dindigul District, who shall take necessary action on the same in conformity with Section 147 of the Act. The said exercise shall be completed within a period of four months from today.

6. The writ petition is disposed of with the above directions. No costs.

[R.S.M., J.] [L.V.G., J.] 21.04.2023 NCC :

Yes / No Index :

Yes / No Internet :

Yes / No krk

To:

The District Collector, Dindigul Collectorate, Dindigul-624 004.

R.SUBRAMANIAN , J.

and L.VICTORIA GOWRI , J.

krk 21.04.2023