V.Balu v. The Director
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 15.10.2024
CORAM:
THE HONOURABLE MR.JUSTICE R.SUBRAMANIAN and THE HONOURABLE MRS.JUSTICE L.VICTORIA GOWRI V.Balu ... Petitioner -vs1.The Director, Rural Development and Panchayat Raj, Panagal Maligai, 4th & 5th Floor, Abdul Razzak Street, Saidapet, Chennai - 600 015.
2.The Commissioner of Rural Development and Panchayat Raj, Rural Development and Panchayat Raj, Panagal Maligai, 4th & 5th Floor, Abdul Razzak Street, Saidapet, Chennai - 600 015.
3.The District Collector/Inspector, Ramanathapuram District, Ramanathapuram.
... Respondents PRAYER: Petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing the respondents to consider the petitioner's representation dated 06.10.2022 and direct the third respondent to pass suitable orders to delimit Valantharavai Village Panchayat and divide the panchayat into three Gram Panchayat namely, 1.Valantharavai
Village Panchayat, 2.Valudhur Village Panchayat, 3.Therkuvaaniveethi Village Panchayat, in the light of recommendation made by the third respondent dated 01.03.2015, by following the due process of law. For Petitioner : Mr.S.Ramesh For Respondents : Mr.P.Thilakkumar Government Pleader
O R D E R
[Order of the Court was made by R.SUBRAMANIAN, J.] Mr.P.Thilakkumar, learned Government Pleader takes notice for the respondents.
2.The petitioner seeks a Writ of Mandamus, directing the respondents to consider his representation dated 06.10.2022, to delimit Valantharavai Village Panchayat and divide the same into three different Panchayats. Support is sought to be drawn from the recommendation made by the District Collector, Ramanathapuram, on 01.03.2015. 3.The learned Government Pleader upon instructions would submit that there is no proposal to delimit Valantharavai Panchayat. Therefore, the Constitution of two other new Panchayats does not arise. 4.We do not think we can interfere with the said decision of the Government. Delimitation of Panchayats is exclusively within domain of
executives and it is not for this Court to interfere with or test the validity of such decisions.
5.Hence, we do not think that Mandamus prayed for, could be issued. The Writ Petition fails and it is accordingly, dismissed. No Costs. [R.S.M., J.] [L.V.G., J.] 15.10.2024 NCC :
Yes/No Index :
Yes/No Internet :
Yes Mrn To 1.The Director, Rural Development and Panchayat Raj, Panagal Maligai, 4th & 5th Floor, Abdul Razzak Street, Saidapet, Chennai - 600 015.
2.The Commissioner of Rural Development and Panchayat Raj, Rural Development and Panchayat Raj, Panagal Maligai, 4th & 5th Floor, Abdul Razzak Street, Saidapet, Chennai - 600 015.
3.The District Collector/Inspector, Ramanathapuram District, Ramanathapuram.
R.SUBRAMANIAN , J.
and L.VICTORIA GOWRI , J.
Mrn 15.10.2024