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Madras High CourtWP(MD)/15692/2016disposed of

E.Subramanian v. The District Collector

2016-08-24Honourable Mr Justice S.S. Sundar,Honourable Mr Justice Nooty.Ramamohana Rao3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 24.08.2016

CORAM:

THE HONOURABLE MR.JUSTICE NOOTY.RAMAMOHANA RAO AND THE HONOURABLE MR.JUSTICE S.S.SUNDAR W.P(MD)No.15692 of 2016 E.Subramanian ... Petitioner Vs.

1.The District Collector, Virudhunagar District, Virudhunagar.

2.The Assistant Director (Panchayat), Collector Office Complex, Virudhunagar District.

3.The District Planning Officer, District Panchayat Development Office, Virudhunagar (Post), Virudhunagar District.

4.The Block Development Officer, Panchayat Union Office, Sivakasi (Post),Virudhunagar District.

5.Thachakudi Panchayat, represented by its President,Thachakudi, Netungkulam (Post), Sivakasi Taluk, Virudhunagar District.

... Respondents PRAYER: Petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus to direct the respondents herein to build Computer Service Centre at Thachakudi Village, in Sivakasi Taluk, Virudhunagar District, based on the representation of the petitioner dated 30.10.2015.

For Petitioner : Mr.M.Muthugeethayan For Respondents : Mr.A.K.Baskarapandian, Special Government Pleader for R.1 to R.3 Mr.D.Muruganandam, Additional Government Pleader for R.4 and R.5

ORDER

(Order of the Court was made by NOOTY.RAMAMOHANA RAO,J.) This writ petition is instituted by a resident of Thachakudi Village, Netungkulam Post, Sivakasi Taluk, Virudhunagar District, seeking directions to the respondents to build a Computer Service Centre at Thachakudi Village, based on the representation of the petitioner dated 30.10.2015.

2. Based upon the statement made by the Honourable Minister for Municipal Administration, Rural Development, Law, Courts and Prisons, the State Government has accorded necessary sanction for the construction of 4,174 Village Panchayat Service Centres at the estimated cost of Rs.10,00,000/- (Rupees Ten Lakhs only) each and 120 Block Panchayat Service Centres at the estimated cost of Rs.25,00,000/- (Rupees Twenty Five Lakhs only) each and necessary sanction orders were passed through their G.O.Ms.No.83, Rural Development and Panchayat Raj (CGS.1), Department, dated 19.07.2013.

3. To regulate the entire exercise, guidelines for the construction of Village Panchayat Service Centres and Block Panchayat Service Centres were also formulated by the State Government. Paragraph 8 of these guidelines dealt with the Site Selection. It has set out that the District Collector should take utmost care in finalising the site for construction of the Village Panchayat Service Centres by adhering to three specific conditions, namely- (i) it should be located within the Headquarters of the Village Panchayat.

(ii) it should be very near to the Village Panchayat office as far as practicable. For valid reasons, the location can be in one of the habitation of the Panchayat.

(iii) in case of non-availability of common/Government site, efforts should be taken to get the land through donations, etc. so as to fix the site nearer to the Village Panchayat office and within the Headquarters.

4. Based upon these guidelines, the writ petitioner has submitted a detailed representation dated 30.10.2015. He has made out a fervent appeal for locating the Village Panchayat Service Centre at Thachakudi Village. However, no decision appears to have taken one way or the other on the said representation submitted by the writ petitioner.

5. We have no hesitation to hold the view that the District Collector would adhere strictly to the guidelines framed by the Government and in particular, the guidelines furnished in

paragraph 8 with regard to the site selection and take appropriate decision in the matter at the earliest.

6. We hope and trust that the District Collector will spare time and energy and take an appropriate final decision in the matter and communicate the same to the writ petitioner within a maximum period of thirty days from the date of receipt of a copy of this order.

7. Accordingly, this writ petition stands disposed of as above. No costs.

Sd/- Assistant Registrar(CS II) /True copy/ Sub Assistant Registrar To 1.The District Collector, Virudhunagar District, Virudhunagar.

2.The Assistant Director (Panchayat), Collector Office Complex, Virudhunagar District.

3.The District Planning Officer, District Panchayat Development Office, Virudhunagar (Post), Virudhunagar District.

4.The Block Development Officer, Panchayat Union Office, Sivakasi (Post), Virudhunagar District.

+1cc to special Government Pleader SR.No.47409 +1cc to M/s.D.Srinivasaragavan, Advocate Sr.NO.47450 rsb sm:SKS-RR:07/09/2016:3P/7C W.P(MD)No.15692 of 2016 24.08.2016