Madras High CourtWP(MD)/18908/2020disposed of

G.Georgemani v. The District Collector

2020-12-21Honourable Mr Justice Abdul Quddhose3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 21.12.2020

CORAM:

THE HONOURABLE MR.JUSTICE ABDUL QUDDHOSE and W.M.P.(MD) No.15839 of 2020 (Through Video Conference) G.Georgemani ... Petitioner Vs 1.The District Collector, Thoothukudi District, Thoothukudi.

2. The Thasildhar, Sathankulam Taluk, Thoothukudi District.

3. The Block Development Officer (Panchayat) Sathankulam Panchayat Union, Sathankulam, Thoothukudi District.

4. The Inspector of Police, Thattarmadam Police Station, Thoothukudi District.

5. S.John Santhirasekar ... Respondents PRAYER: Petition filed under Article 226 of the Constitution of India to issue a Writ of Mandamus, forbearing the respondents 1 to 4 from removing the name board of the bus shelter at "Polaiyarpuram" village, Sasthavinalloor Village (Revenue) & Panchayat, Sathankulam Taluk, Thoothukudi District.

For Petitioner : Mr.J.Ashok For RR 1, 2 & 4 : Mr.C.Ramar, Additional Government Pleader For R-3 : Mr.K.P.Krishnadoss, Special Government Pleader

O R D E R

This writ petition has been filed for a Mandamus to forbear the respondents 1 to 4 from removing the name board of the bus shelter at Polaiyarpuram Village, Sasthavinalloor Village (Revenue) & Panchayat, Sathankulam Taluk, Thoothukudi District.

2. Mr.C.Ramar, learned Additional Government Pleader accepts notice for the respondents 1,2 & 4 and Mr.K.P.Krishnadoss, learned Special Government Pleader accepts notice for the third respondent. By consent of both sides, this writ petition is taken up for final 1/3

disposal at the stage of admission itself.

3. It is the case of the petitioner that he is the resident of the aforementioned village. According to him, there is a bus stop in S.No.252, Polaiyarpuram, Sasthavinalloor Village (Revenue) & Panchayat, Sathankulam Taluk, Thoothukudi District ever since 1958. Since the said bus stop got collapsed, it was reconstructed by the respondents and the name board mentioning the name of the village as "Polaiyarpuram" village was fixed. However, according to the petitioner, the respondents are now attempting to remove the name board under pressure and influence of some of the villagers. In such circumstances, the petitioner has sought to forbear the respondents 1 to 4 from removing the name board in the said bus shelter.

4. Heard Mr.J.Ashok, learned counsel for the petitioner, Mr.C.Ramar, learned Additional Government Pleader for the respondents 1, 2 & 4 and Mr.K.P.Krishnadoss, learned Special Government Pleader for the third respondent.

5. Mr.K.P.Krishnadoss, learned Special Government Pleader for the third respondent would submit on instructions that 107 Cr.P.C. proceedings are pending on the file of the Revenue Divisional Officer, Tiruchendur and the last Peace Committee meeting was held on 09.12.2020. On instructions, he would also submit that no amicable solution was reached during the last Peace Committee meeting held on 09.12.2020. On instructions, he would also submit that the second respondent / Revenue Divisional Officer, Tiruchendur is also willing to consider the petitioner's representation on merits.

6. Learned counsel for the petitioner is also satisfied with the submissions made by the learned Special Government Pleader. Since there is a dispute raised by some of the villagers with regard to the fixation of a name board for the bus shelter, containing the name "Polaiyarpuram" village, all aggrieved parties will have to be heard before any decision is reached. Admittedly, the Peace Committee meeting was last held on 09.12.2020 with the villagers. During the last Peace Committee meeting on 09.12.2020, no amicable solution was also reached.

7. Learned counsel for the petitioner on instructions would submit that the petitioner is ready and willing to participate in any Peace Committee Meeting to be held in the near future and he would submit that if the petitioner's representation seeking for naming the bus shelter as "Polaiyarpuram" is considered by the second respondent on merits, the petitioner will participate in the next Peace Committee Meeting.

8. For the foregoing reasons, this Court directs the second respondent to convene a Peace Committee Meeting with the villagers 2/3

with regard to the naming of the bus shelter at Polaiyarpuram village, Sasthavinalloor Village (Revenue) & Panchayat, Sathankulam Taluk, Thoothukudi District on 18.01.2021, after giving wide publicity to the villagers with regard to the said meeting and in the said meeting, the second respondent shall consider the views of the villagers including that of the petitioner with regard to the naming of the bus shelter at Polaiyarpuram village, Sasthavinalloor Village (Revenue) & Panchayat, Sathankulam Taluk, Thoothukudi District and thereafter pass final orders on merits and in accordance with law with regard to the naming of the bus shelter within a period of four weeks from 18.01.2021.

9. With the aforesaid directions, the writ petition stands disposed of. However, there shall be no order as to costs. Consequently, connected W.M.P.(MD) No.15839 of 2020 is closed. Sd/- Assistant Registrar (AS) // True Copy // / /2021 Sub Assistant Registrar(CS) Note : In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the Advocate / litigant concerned. To:

1.The District Collector, Thoothukudi District, Thoothukudi.

2. The Thasildhar, Sathankulam Taluk, Thoothukudi District.

3. The Block Development Officer (Panchayat) Sathankulam Panchayat Union, Sathankulam,Thoothukudi District.

4. The Inspector of Police, Thattarmadam Police Station, Thoothukudi District. +1CC to M/s.SPl GP,SR.No.26864 dated22/12/2020 +1CC to Mr.J.Ashok,Advocate,SR.No.26931 dated 22/12/2020 21/12/2020 PU(CO) KB(07.01.2021) 3P 7C 3/3