Loganathan.A v. The District Collector

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 12.08.2022

CORAM

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN and W.M.P.(MD)Nos.13376 and 13379 of 2022 A.Loganathan ... Petitioner Vs.

1.The District Collector, Thanjavur District, Thanjavur.

2.The Block Development Officer, Madukkur Panchayat Union, Pattukkottai Taluk, Thanjavur District.

3.The President, Mannangadu Panchayat, Mannagadu Post, Pattukottai Taluk, Thanjavur District.

... Respondents Prayer : Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Certiorarified Mandamus, to call for the records pertaining to the Impugned order passed by the 1st respondent in Serial No.8 vide his proceeding in Na.Ka. No.1370/2020/A2, dated 17.04.2022 strengthen of the 0.0 to 0/461 meters of Adaikkalamkathan Kovil Road at 1/4

Mannangadu Panchayat, Pattukkottai Taluk, Thanjavur District and quash the same as illegal and consequently directing the Respondents to lay the extension Tar Road beyond 900 meters in respect of Adaikkalamkathan Kovil Road at Mannangadu Panchayat, Pattukkottai Taluk, Thanjavur District as per the Grama Sabha Resolution No. 4 held on Republic Day on 26.01.2020 by the 3rd respondent's panchayat within the stipulated time as fixed by this Court. For Petitioner : Mr.H.Velavadhass For Respondents : Mr.M.Parakash, Addl. Government Pleader for R1.

Mrs.K.Christy Thiboral, Addl. Government Pleader for R2.

ORDER

Heard the learned counsel on either side.

2/The contention of the learned counsel for the writ petitioner is that the civil work ordered to be done by the first respondent is not consonance with the resolution passed by the grama saba. My attention has not been drawn to any provision or even a guideline to show that the subject resolution passed by the grama saba is binding on the first respondent. This Court has no authority to give a direction to the first respondent to lay the extension tar road as required by the writ petitioner. These are matters that are to be considered by the concerned authority by taking into account all the relevant aspects. The 2/4

impugned order passed by the first respondent cannot be quashed and no direction as sought for cannot be granted. The writ petition stands dismissed. No costs. Consequently, connected miscellaneous petitions are closed. 12.08.2022 Index : Yes / No Internet : Yes/ No ias To:- 1.The District Collector, Thanjavur District, Thanjavur.

2.The Block Development Officer, Madukkur Panchayat Union, Pattukkottai Taluk, Thanjavur District.

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G.R.SWAMINATHAN, J.

ias 12.08.2022 4/4