P.Thangamani v. A.Muthuraman

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 21.10.2024

CORAM:

THE HONOURABLE MR.JUSTICE R.SUBRAMANIAN AND THE HONOURABLE MRS.JUSTICE L.VICTORIA GOWRI C.M.P.(MD)No.14785 of 2024 and W.A.(MD)SR.No.74776 of 2024 P.Thangamani ... Petitioner -Vs1.A.Muthuraman 2.The Principal Secretary to Government of Tamil Nadu, Department of Home, Fort St. George, Chennai - 600 009.

3.The District Collector, Pudukottai.

4.The President, Kottur Village Panchayat,

Kottur, Pudukottai District.

5.The Narchanthupatti Village Panchayat, Rep. through its President, Nachanthupatti, Thirumayam Taluk, Pudukottai District.

... Respondents PRAYER in C.M.P.(MD)No.14785 of 2024: Petition filed under Section 151 of the Civil Procedure Code, praying this Court to grant leave to the petitioner to file the instant writ appeal challenging the order dated 04.07.2023 passed by this Court in W.P.(MD)No.7817 of 2012. PRAYER in W.A.(MD)SR.No.74776 of 2024: Appeal filed under Clause 15 of Letters Patent, praying this Court to set aside the order dated 04.07.2023 in W.P.(MD)No.7817 of 2012.

For Petitioner : Mr.Vikram Veerasamy For Respondent No.1 : Mr.VR.Shanmuganathan

O R D E R

[Order of the Court was made by R.SUBRAMANIAN, J.] Challenge is to the order of the learned Single Judge made in W.P.

(MD)No.7817 of 2012, wherein, challenge is to the notification issued under Section 4(1)(a) of the Tamil Nadu Panchayats Act, 1994, re-defining the Panchayat limits by allotting certain survey numbers to Kottur Panchayat from Narchanthupatty Panchayat. The Narchandthupatty Panchayat was a party to the Writ Petition. The Panchayat has not chosen to challenge the decision of the learned Single Judge. The petitioner claiming to be a tax payer, is challenging the same. When the Panchayat was made a party and decision was taken in the presence of the Panchayat and the Panchayat has accepted the said decision, we do not find any merits in this application. Hence, leave is refused.

2.Accordingly, this Civil Miscellaneous Petition is dismissed. Consequently, connected W.A.(MD)SR.No.74776 of 2024 is rejected at the SR stage itself. There shall be no order as to costs. [R.S.M., J.] & [L.V.G., J.] 21.10.2024 NCC :

Yes / No Index :

Yes / No Internet:

Yes / No MR

To 1.The Principal Secretary to Government of Tamil Nadu, Department of Home, Fort St. George, Chennai - 600 009.

2.The District Collector, Pudukottai.

3.The President, Kottur Village Panchayat, Kottur, Pudukottai District.

4.The President, Narchanthupatti Village Panchayat, Nachanthupatti, Thirumayam Taluk, Pudukottai District.

R.SUBRAMANIAN, J.

AND L.VICTORIA GOWRI , J.

MR C.M.P.(MD)No.14785 of 2024 and W.A.(MD)SR.No.74776 of 2024 21.10.2024