Dr.Abdul Kalam Ilaignar v. The Secretary To Government
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT RESERVED ON 03.01.2025 PRONOUNCED ON 28.02.2025
CORAM:
THE HON'BLE MR.JUSTICE K.KUMARESH BABU W.P.(MD)No.24607 of 2016 WMP.(MD).Nos.17734 to 17736 of 2016 Dr.Abdul Kalam Illaignar Munnetra Peravai, Rajapalayam Rep., by its President, K.Kathiresan, No.262/154, North Street, Indira Colony, R.Reddiapatti Village, Rajapalayam Taluk, Virudhunagar, District, Pin Code - 626 136.
... Petitioner vs.
1.The Secretary to Govt., Revenue ( t/ep 1(1)) Department, St., George, Chennai - 600 009.
2.Fort Additional Chief Secretary cum Commissioner for Revenue Administration, Chepauk, Chennai - 5.
3.The District Collector, Office of District Collectrate, Virudhunagar District.
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4.The Tahsildar, Vembakkottai Taluk, Virudhunagar District.
5.The Tahsildar, Rajapalayam Taluk, Virudhunagar District.
... Respondents PRAYER :- Writ Petition filed under Article 226 of the Constitution of India, to issue a Writ of Certiorarified Mandamus to call for the records on the file of the first respondent in G.O.Ms.No.321, dated 31.08.2015 particular portion and consequential Notification No.1, Schedule No.3, Serial No.3, Village Name No.34, Keelarajakularaman and sub villages and quash the same consequently, excluding the petitioner villages from newly constituted Vembakottai Taluk and the same restoring the Rajapalayam Taluk and pass necessary order or direction or any other appropriate relief. For Petitioner : Mr.I.Murugesan For Respondents : Mr.R.Suresh Kumar AGP
ORDER
The challenge in this writ petition is the impugned order dated 31.08.2015 passed by the first respondent wherein the petitioner villages incorporated to newly constitute Vembakkottai Taluk and to restore the same as Rajapalayam Taluk.
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2. Heard Mr.I.Murugesan learned counsel appearing for the petitioner and Mr.R.Suresh Kumar, learned Additional Government Pleader appearing for the respondents.
3. Mr.I.Murugesan, learned counsel for the petitioner would submit that the petitioner's Sangam represents the villagers of R.Reddipatti Village and Mettur @ Sundarajapuram Village. The said villages originally lay within the Rajapalayam Revenue Taluk. He would submit that under the impugned Government order, the said villages formed part of a new Taluk namely Vembakkottai Taluk. He would submit that the head quarters of Rajapalayam Taluk was at Rajapalayam to which the villagers of the said two villages had easy access. There was no transport facilities to Vembakkottai which had assumed new Taluk headquarters. Therefore, it had affected public/ villagers at large and they are finding it difficult to get even basic certificates including community certificate, income certificate, family ration card, etc. He would further submit that there was no notice issued prior to the realignment of Taluks in which the said two villages is 3/8
said to form part of the Vembakkottai Taluk. Hence, he would seek this Court to interfere with the order impugned in this Writ Petition.
4. Mr.R.Suresh Kumar, learned Additional Government Pleader on the other hand would submit that a policy decision had been taken by Government to form new Taluks for the betterment of the villagers by either bifurcation or culling out the villages to form a new Taluk. He would submit that such a policy decision taken for the benefit of the general public cannot be first challenged by a Sangam which claims to represent the general public. There has been no objections received from the villagers of the two villages. That apart, he would contend that it would be a falsehood to state that there are no transport facilities from the Vembakkottai Taluk headquarters to the aforesaid villages.
5. Relying upon the counter affidavit filed by the second respondent, he would submit that there are regular bus facilities available to reach the Taluk headquarters of Vembakkottai Taluk. That apart, he would submit that from the formation of the Vembakkottai Taluk, the villagers of the aforesaid two villages have been granted various certificates which have 4/8
been secured by them through online. He would further submit that two villages are the hamlets of Keelarajakularaman Village and that the villagers of two villages have been frequently approaching the E-service centers in the co-operative societies in Keelarajakularaman village and had been benefited with various certificates including Patta transfer. Hence, he would submit that the contention raised by the petitioner is all unfounded and therefore would seek dismissal of the Writ Petition. 6.I have considered the submissions made by the learned counsels appearing on either side and had perused the materials available on record.
7. Admittedly, a policy decision taken by the Government for formation of new Taluk for the benefit of the villagers. Such formation of new Taluk is for better administration of the Revenue Departments in particular and other Departments. The claim of the petitioner is that the villages ought to be retained at Rajapalayam Taluk citing the inadequate transport facilities for the villagers to Vembakkottai. The claim of the petitioner is that there are no transport facilities which had been refuted by the Government by contending that there are number of public transport 5/8
available for the villagers to reach the Vaembakottai Taluk. That apart it had also pleaded that number of certificates had been issued to the benefit of the two villagers on their application from E-service centers of the corrective co-operative societies at Keelarajakularaman. These factual aspects have not been refuted by the petitioner either through arguments or by filing rejoinder to the counter filed by the respondents.
8. In such view of the matter, I do not find any merits in this Writ Petition and accordingly, the same is dismissed. However, there shall be no order as to costs. Consequently, connected miscellaneous petition is closed. 28.02.2025 Index: Yes/No Speaking Order/Non Speaking Order Gba 6/8
To 1.The Secretary to Govt., Revenue ( t/ep 1(1)) Department, St., George, Chennai - 600 009.
2.Fort Additional Chief Secretary cum Commissioner for Revenue Administration, Chepauk, Chennai - 5.
3.The District Collector, Office of District Collectrate, Virudhunagar District.
4.The Tahsildar, Vembakkottai Taluk, Virudhunagar District.
5.The Tahsildar, Rajapalayam Taluk, Virudhunagar District.
5.The Sub-Registrar, Manachanallur, Tiruchirappalli District.
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K.KUMARESH BABU.,J.
Gba A Pre-delivery order made in W.P.(MD)No.24607 of 2016 WMP.(MD).Nos.17734 to 17736 of 2016 28.02.2025 8/8