Loganathan.K v. The District Collector/

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 03.08.2022

CORAM

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN and W.M.P(MD)Nos.11427 & 11428 of 2022 K.Loganathan ... Petitioner Vs 1.The District Collector/ Inspector of Panchayat, Pudukottai District, 2.The Block Development Officer, Aranthangi, Pudukottai District.

3.The President, Azhiyanilai Village Panchayat, Aranthangi Taluk, Pudukottai District.

4.R.Balashanmugam 5.R.Saruhasini 6.K.Rethinam (R.4, R.5 & R.6 are impleaded vide Court order dated 03.08.2022 in W.M.P(MD)No.11894 of 2022 in W.P(MD)No.15859 of 2022) 1/4

7.The Deputy Director, Town and Country Planning, (R.7 is suo motu impleaded vide Court order dated 03.08.2022) ... Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Certiorari, to call for the records pertaining to the impugned resolution passed by the third respondent in Resolution No. 04/2022-2023, dated 28.04.2022 and quash the same based on the petitioner's representations, dated 17.05.2022 and 30.05.2022. For Petitioner : Mr.J.Anandhavalli For Respondents : Mr.K.Balasubramani Special Government Pleader for R.1, R.2 & R.7 Mr.M.Siddharthan for R.3 Mr.K.Govindarajan for Mr.Palanisamy for R.4 to R.6

ORDER

Heard the learned counsel on either side.

2. The petitioner challenges the resolution passed by the third respondent Panchayat. It is well settled that any resolution by itself is not amenable to legal challenge. (Shantha Srinivasan Vs The Secretary to Government, Housing Development Department, Secretariat, Fort St.George, Chennai - 9 & Others) reported in 2015 (2) CWC 366).

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3. The grievance of the writ petitioner appears to be that brushing aside the objections of the villagers, a layout is being allowed to be promoted. The seventh respondent appears to have given provisional approval so far. Before final approval is granted, the petitioner shall be put on notice.

4. The petitioner is given three weeks from the date of receipt of a copy of this order to lodge his objections before the seventh respondent. The seventh respondent shall consider the said objections and independently give a disposal and communicate the same to the writ petitioner before passing final order. I make it clear that the scope of the writ petition is confined only to challenging the failure on the part of the third respondent to convene a proper Grama Sabha Meeting. All the other contentions of the petitioner are left open.

5. This writ petition is disposed of accordingly. Consequently, connected miscellaneous petitions are closed. No costs. 03.08.2022 Index : Yes / No Internet : Yes/ No mga 3/4

G.R.SWAMINATHAN, J.

mga To 1.The District Collector/ Inspector of Panchayat, Pudukottai District, 2.The Block Development Officer, Aranthangi, Pudukottai District.

3.The Deputy Director, Town and Country Planning, 03.08.2022 4/4