Rajendran v. The District Collector

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 26.09.2022

CORAM

THE HONOURABLE MR.JUSTICE R.MAHADEVAN and THE HONOURABLE MR.JUSTICE J.SATHYA NARAYANA PRASAD W.P(MD)No.22527 of 2022 Rajendran ... Petitioner Vs.

1.The District Collector, Kanyakumari District, At Nagercoil.

2.The Tashildar, Agasteeswaram Taluk, 3.The Block Development Officer, 4.The President, ... Respondents Prayer: Writ Petition filed under Article 226 of Constitution of India, praying to issue a Writ of Mandamus, to direct the Respondents to pass suitable orders to erect name boards of the Chattuvanthope village on the entrance of the village on all sides of Chattuvanthope village, Agasteeswaram Taluk, Kanyakumari District, by passing orders on the detailed representation of the petitioner dated 1/6

16.05.2022, within a time frame as may be fixed by this Honble Court.

For Petitioner : Mr.G.Aravindan For Respondents 1 & 2 : Mr.P.Thilak Kumar, Government Pleader For 3rd Respondent : Mr.N.GA.Nataraj, Government Advocate * * *

O R D E R

(Order of the Court was made by R.MAHADEVAN, J.) The petitioner has come forward with this writ petition praying to issue a Writ of Mandamus, directing the Respondents to pass suitable orders to erect name boards of the Chattuvanthope village on the entrance of the village on all sides of Chattuvanthope village, Agasteeswaram Taluk, Kanyakumari District, by passing orders on the detailed representation of the petitioner dated 16.05.2022.

2.

Heard Mr.G.Aravindan, learned counsel for the petitioner and Mr.P.Thilak Kumar, learned Government Pleader, who accepts notice on behalf of the respondents 1 and 2 and Mr.N.GA.Nataraj, learned Government Advocate, who accepts notice on behalf of the third respondent. By consent of both parties, 2/6

the Writ Petition is taken up for final disposal at the admission stage itself.

3.

Having regard to the nature of the order proposed to be passed in this writ petition, notice to the 4th respondent is dispensed with.

4.

It is the case of the petitioner that there was a dispute between Chattuvanthoppu Village and Pillaiyarvilai Village pertaining to the boundaries between the two villages and pursuant to the direction of this Court in W.P.No.19857 of 1992, dated 25.08.1994, at the intervention of the first respondent, the disputes between the villagers were settled and the boundaries were also fixed. Earlier, the boundary board was erected, however, due to the dispute among the two villagers, it was damaged and removed from the place. To identify the correct boundary of Chattuvanthoppu Village, the petitioner made request to the 1st respondent on several occasions, but, no action was taken on the issue. Finally, on 16.05.2022, the petitioner submitted a detailed representation to the 1st respondent to take appropriate action and to erect a Village Boundary name board in the petitioner's village. Though the said 3/6

representation has been forwarded to the respondents 3 and 4 for taking necessary action by the Assistant Director (Panchayats), Kanyakumari District at Nagercoil, in his communication in Na.Ka.No.A/2157/2022(3), dated 03.06.2022, till date, no action has been taken by the respondents. Hence the Writ Petition. 5.

This Court finds considerable force in the claim made by the petitioner. This Court, by order dated 25.08.1994, in W.P.No.19857 of 1992, has already directed the first respondent - District Collector to enquire into the matter and to pass appropriate orders resolving the disputes raised and if necessary by referring the matter to the Government under Section 177 of the Panchayats Act and / or by obtaining appropriate orders from the Government also, if needed. Even after 28 years, the name boards of the Chattuvanthope Village could not be erected. Though the Assistant Director (Panchayats) by his proceedings in Na.Ka.No.A4/2157/2022(3) dated 03.06.2022, forwarded the representation of the petitioner dated 16.05.2022, to the third respondent with a copy marked to the fourth respondent, directing him to conduct enquiry based on the records and to communicate the decision taken to the petitioner, no action has been taken. 4/6

6.

In view of the above, this Writ Petition is disposed of with a direction to the third respondent to consider the representation of the petitioner dated 16.05.2022, in the light of the communication sent by the Assistant Director, Panchayats, Kanyakumari District at Nagercoil, dated 03.06.2022, and pass appropriate orders in accordance with law for erecting the name boards of Chattuvanthope Village on the entrance of the village. Such an exercise shall be completed within a period of eight weeks from the date of receipt of a copy of this order. No costs. [R.M.D., J.] [J.S.N.P., J.] 26.09.2022 Internet : Yes/No Index : Yes / No sj To 1.The District Collector, Kanyakumari District, At Nagercoil.

2.The Tashildar, Agasteeswaram Taluk, 3.The Block Development Officer, 5/6

R.MAHADEVAN, J.

and J.SATHYA NARAYANA PRASAD , J.

sj 4.The President, W.P(MD)No.22527 of 2022 26.09.2022 6/6