Selvaraj v. Thirunallur Village Panchayat

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 28.11.2024

CORAM

THE HONOURABLE MR.JUSTICE M.S.RAMESH AND THE HONOURABLE DR.JUSTICE A.D.MARIA CLETE and C.M.P.(MD).No.11555 of 2024 Selvaraj ... Appellant/8th Respondent Vs.

1.Thirunallur Village Panchayat, Annavasal Union, Pudukkottai District, Represented by its President, K.Manimuthu.

... 1st Respondent/Writ Petitioner 2.The District Collector, Pudukkottai District.

3.The Assistant Director of Village Panchayat, Pudukkottai District.

4.The Block Development Officer, Annavasal Union, Pudukkottai District.

5.The Tahsildar, Illuppur Taluk, Pudukkottai District.

6.Palaniappan 7.Chinnaiah 8.Raja 9.Manimaran 10.Katthan 11.Bose 12.Chinnappa ... Respondents 2-12/Respondents 1-7, 9-12 PRAYER: Writ Appeal filed under Clause 15 of Letters Patent, praying to set aside the order dated 18.07.2024 made in W.P.(MD).No.12540 of 2024 and allow the Writ Appeal.

For Appellant : Mr.S.Parthiban For R-1 : Mr.Na.Palaniyandi For R-2 to R-5 : Mr.S.R.A.Ramachandran Additional Government Pleader

JUDGMENT

(Judgment of the Court was made by M.S.RAMESH,J.) The present Writ Appeal has been filed challenging the order of the learned Single Judge in W.P.(MD).No.12540 of 2024 dated 18.07.2024.

2. The ground on which the order of the writ Court is put under challenge is that no notice was served on the appellant herein, who was arrayed as eighth respondent in the Writ Petition, as well as the other private respondents in the Writ Petition.

3. In the order of the writ Court, notice to the private respondents was dispensed with. However, the appellant/eighth respondent has raised certain serious objections with regard to the construction of the Panchayat Office in the property, which is the subject matter in the Writ Petition, stating that if the new Panchayat Office is constructed therein, where the villagers celebrate their annual Manju Virattu, there would be lot of inconvenience and disturbance, resulting in law and order problem.

4. Since the appellant appears to have some serious objections with regard to the directions in the order of the writ Court, we deem it appropriate that he may be given opportunity to put forth all these objections before the learned Single Judge.

5. In the light of the above observations, the order passed by the learned Single Judge in W.P.(MD).No.12540 of 2024 dated 18.07.2024 is set aside and the matter is remitted back to the learned Single Judge for fresh consideration.

6. Accordingly, the Writ Appeal stands disposed of. There shall be no order as to costs. Consequently, connected miscellaneous petition stands closed. (M.S.R.,J.) (A.D.M.C.,J.) 28.11.2024 NCC : Yes / No Index : Yes / No Internet : Yes / No Lm To 1.The District Collector, Pudukkottai District.

2.The Assistant Director of Village Panchayat, Pudukkottai District.

3.The Block Development Officer, Annavasal Union, Pudukkottai District.

4.The Tahsildar, Illuppur Taluk, Pudukkottai District.

M.S.RAMESH,J.

and A.D.MARIA CLETE,J.

Lm 28.11.2024