Devasakayam, v. The Chief Secretary To Govt.,
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 27.02.2024 CORAM :
THE HONOURABLE MR.SANJAY V.GANGAPURWALA, CHIEF JUSTICE and THE HONOURABLE MR.JUSTICE G.ILANGOVAN and W.M.P(MD)No.14838 of 2020 Devasakayam ... Petitioner Vs.
1.The Chief Secretary to Government, Government of Tamil Nadu, Fort St. George, Chennai.
2. The Secretary to Government Secretariat, Revenue Department, Fort St. George, Chennai.
3.The Home Secretary Government of Tamil Nadu, Fort St. George, Chennai.
4.The District Collector Thoothukudi District, Thoothukudi.
5.The Tahsildar Kovilpatti Taluk Office, Kovilpatti.
6.The Tahsildar Kayathar Taluk Office, Kayathar.
... Respondents PRAYER : Petition filed under Article 226 of the Constitution of India, to issue a Writ of Certiorarified Mandamus to call for the records relating to the impugned notification No.170, Revenue Department passed by the 2nd respondent on 09.05.2017 and quash the same and consequently direct the respondents not to include villages i.e., Kamanaickenpatty, Ettu Naickenpatty, Kuruvi Natham, Sevalpatti, Elanthapatti, Achankulam, Kottur, Sal Naickenpatti and Mudukalankulam (which are all situated in nearby villages) in Kovilpatti Taluk, Thoothukudi District with the newly formed Kayathar Taluk Office.
For Petitioner : Mr.S.Vellaichamy For Respondents : Mr.P.Thilak Kumar Government Pleader
O R D E R
[Order of the Court was made by The Hon'ble CHIEF JUSTICE] We have heard Mr.S.Vellaichamy, learned counsel for the petitioner and Mr.P.Thilak Kumar, learned Government Pleader appearing for the respondents.
2. The learned counsel for the petitioner submits that the villages namely, Kamanaickenpatty, Ettu Naickenpatty, Kuruvi Natham, Sevalpatti, Elanthapatti, Achankulam, Kottur, Sal Naickenpatti and Mudukalankulam in Kovilpatti Taluk, Thoothukudi District have been erroneously included in the newly formed Kayathar Taluk.
3. The learned counsel for the petitioner submits that the distance is not being considered. Prior to issuance of notification, the petitioner has raised an objection by filing a representation and the same has not been considered.
4. Formation of Taluks, its geographical location has to be considered by the respective authorities.
5. The said Taluk is reconstituted in the year 2017. Subsequently, elections have also been held. It would not be possible to set the clock back.
6. In the light of that, the Writ Petition stands disposed of. No costs. Consequently, connected miscellaneous petition is closed. [S.V.G., C.J.] [G.I., J.] 27.02.2024 Index : Yes / No RM
To 1.The Chief Secretary to Government, Government of Tamil Nadu, Fort St. George, Chennai.
2. The Secretary to Government Secretariat, Revenue Department, Fort St. George, Chennai.
3.The Home Secretary Government of Tamil Nadu, Fort St. George, Chennai.
4.The District Collector Thoothukudi District, Thoothukudi.
5.The Tahsildar Kovilpatti Taluk Office, Kovilpatti.
6.The Tahsildar Kayathar Taluk Office, Kayathar.
THE HONOURABLE CHIEF JUSTICE and G.ILANGOVAN , J.
RM 27.02.2024