Rajendran. C v. The District Collector
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 04.11.2022
CORAM:
THE HON'BLE MR.T.RAJA, ACTING CHIEF JUSTICE and THE HON'BLE MR.JUSTICE R.MAHADEVAN and W.M.P.(MD) No.19195 of 2022 C.Rajendran ... Petitioner -vs1.The District Collector Virudhunagar District Virudhunagar 2.The Block Development Officer (V.P.) Pillaiyarkulam Village Panchayat Srivilliputhur Taluk Virudhunagar District 3.The President Pillaiyarkulam Village Srivilliputhur Taluk Virudhunagar District 4.The President Thulukkankulam Village Srivilliputhur Taluk Virudhunagar District ... Respondents
PRAYER: Petition filed under Article 226 of the Constitution of India, to issue a writ of mandamus, directing the respondents herein to shift Pillaiyar Kulam Village Panchayat office from Thulukalkulam Village to Survey No.441/1A, 442/1A and 442/1B situated at Pillaiyar Kulam Village, Srivilliputhur Taluk, Virudhunagar District or to any other place situated within the Pillaiyar Kulam Village, by considering the representation dated 16.05.2022 given by the villagers, within the time limit fixed by this Court. For Petitioner :
Mr.V.Uthayakumar For Respondents :
Mr.P.Thilak Kumar Government Pleader
O R D E R
[Order of the Court was made by The Hon'ble ACTING CHIEF JUSTICE] Mr.P.Thilak Kumar, learned Government Pleader takes notice for the respondents.
2. With the consent of both parties, this writ petition is taken up for final disposal at the stage of admission itself.
3. This writ petition has been filed seeking issuance of a writ of mandamus directing the respondents to shift Pillaiyar Kulam Village Panchayat office from Thulukalkulam Village to Survey Nos.441/1A, 442/1A and 442/1B situated at Pillaiyar Kulam Village, Srivilliputhur Taluk, Virudhunagar District or to any other place situated within the Pillaiyar Kulam Village, by considering the representation dated 16.05.2022 given by the villagers, within the time frame.
4. The petitioner is a resident of Pillaiyar Kulam Village. The said Pillaiyar Kulam Village is located in Srivilliputhur Taluk, which is 52 Kilometres away from the District Headquarters of Virudhunagar. In Pillaiyar Kulam Village, there are 400 residential houses, Government Primary School, Government E-Seva Centre and 11th Battalion of Special Police Force and Government Arts and Science College. One of the hamlet villages of Pillaiyar Kulam Village Panchayat is Thulukalkulam Village, which is also situated in the interior part of the said Taluk.
5. Learned counsel appearing for the petitioner would submit that for the reason that since the said Pillaiyar Kulam Village is situated between Srivilliputhur and Alangulam State Highways, the people can easily reach
Pillaiyar Kulam Village, as it is well connected with transportation facilities. Therefore, the Village Panchayat Office constructed in Thulukalkulam Village has to be shifted to Pillaiyar Kulam Village.
6. When this Court posed a question as to which year the Panchayat Office was constructed in Thulukalkulam Village, the learned counsel for the petitioner is unable to give answer in a clear-cut manner.
7. Learned Government Pleader appearing for the respondents, on instructions, submitted that the people in both Thulukalkulam Village and Pillaiyar Kulam Village have agreed to have a common Panchayat Office in Thulukalkulam Village and hence, the Panchayat Office has been functioning properly for long-time. It is not known as to why the petitioner has taken so much time to come to this Court for shifting the Panchayat Office from Thulukalkulam Village to Pillaiyar Kulam Village.
8. We also find no reason for the petitioner to take up the writ petition at this time. Secondly, the petitioner and the villagers have given a representation to the respondents only on 16.05.2022 and no steps whatsoever have been taken by the petitioner to have another Panchayat
Office in Pillaiyar Kulam Village. Since the Panchayat Office constructed in Thulukalkulam Village has been functioning for several long years and having accepted the construction of Panchayat Office in Thulukalkulam Village and that too the distance between Thulukalkulam Village and Pillaiyar Kulam Village is only two kilometres, this Court is not inclined to give any direction to the respondents to shift the Panchayat Office from Thulukalkulam Village to Pillaiyar Kulam Village.
9. Accordingly, the writ petition fails and the same is dismissed. No costs. Consequently, connected miscellaneous petition is closed. [T.R., A.C.J.] [R.M.D., J.] 04.11.2022 Index :
Yes / No Internet :
Yes / No krk / myr
To:
1.The District Collector, Virudhunagar District, Virudhunagar.
2.The Block Development Officer (V.P.), Pillaiyarkulam Village Panchayat, Srivilliputhur Taluk, Virudhunagar District.
3.The President, Pillaiyarkulam Village, Srivilliputhur Taluk, Virudhunagar District.
4.The President, Thulukkankulam Village, Srivilliputhur Taluk, Virudhunagar District.
T.RAJA, A.C.J.
and R.MAHADEVAN , J.
krk / myr and W.M.P.(MD) No.19195 of 2022 04.11.2022