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Madras High CourtWP(MD)/31101/2023dismissed

Ranjini .S v. The Secretary To Government

2025-07-11Honourable Mr Justice C. Saravanan10 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 11.07.2025

CORAM

THE HONOURABLE MR.JUSTICE C.SARAVANAN W.P(MD) No.31101 of 2023 and W.M.P(MD) No.26651 to 26653 of 2023 Ranjini.S ... Petitioner Vs.

1.The Secretary to Government, Municipal Administration and Water Supply Department, Fort St. George, Chennai - 09.

2.The Director of Rural Development and Panchayat Raj, Saidapet, Chennai - 15.

3.The District Collector / Inspector of Panchayat, Madurai District, Madurai.

4.The Commissioner / Block Development Officer, Usilampatty Panchayat Union, Usilampatty, Madurai District.

5.The Commissioner, Usilampatty Municipality, Usilampatty, Madurai District.

...Respondents

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Prayer : Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Certiorarified Mandamus, calling for the records of the 3rd respondent in connection with the impugned order passed by her in Na.Ka.No.351/2021/oo.e(ooo)/A2 dated 15.12.2023 and quash the same and further direct the respondents to comply the earlier order passed by this Honble Court in WP (MD) No.10329 of 2022 dated 09.06.2022. For Petitioner : Mr.Sivakumar .S For R1 to R4 : Mr.C.Satheesh Government Advocate For R5 : M/s.Ajmal Associates, Additional Advocate General - I, assisted by Mr.K.Jagadees Balan.

ORDER

This Writ Petition is disposed of at the time of admission after hearing the learned counsel for the petitioner and the learned Government Advocate appearing for the respondent Nos.1 to 4 and the learned Additional Advocate General - I, appearing for the respondent No.5.

2. The petitioner has filed this Writ Petition challenging the impugned communication, dated 15.12.2023 in Na.Ka.No.351/2021/c.,.(C)m2 passed by the third respondent / the District Collector directing the 2/10

petitioner/Usilampatty Panchayath Union to hand over 7.85 acres of land to the fifth respondent namely Usilampatti Municipality.

3. Earlier, the matter had come up before the Hon'ble Division Bench of this Court in W.P(MD) No.10329, 10694 and 8189 of 2022. Taking note of the nature of relief sought for in the above mentioned Writ Petitions in respect of the subject land, the Court had disposed those Writ Petitions by its common order, dated 09.06.2022 with the following observations:

7. Mr.Veera Kathiravan, learned Additional Advocate General, submitted that this issue has to be essentially decided by the Secretary to the Government, Municipal Administration and Water Supply Department, under which Department, Municipalities fall, and Secretary to the Government, Rural Development and Panchayat Raj, under whom Panchayat Unions and Panchayats fall. It is also brought to our knowledge that the petitioner has also given a representation to the Government for transferring the said structure from the control of the Panchayat Union to the control of the Usilampatti Municipality and similarly, the members of the Usilampatti Panchayat Union have also passed a resolution for retaining the said structure with them. Thus, this is purely a politico-executive issue which cannot be determined by this Court.

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8. Thus, we direct the Government to decide this disputed question of fact and accordingly, pass appropriate orders on merits and in accordance with law. Accordingly these writ petitions are closed. No costs. Cosequently, connected miscellaneous petitions are closed.

4. Pursuant to the aforesaid order, the thid respondent/District Collector has passed the impugned order, dated 15.12.2023 in Na.Ka.No.351/2021/c.,. (C)m2, content of which has extracted here under: 4/10

5. Challenging the aforesaid impugned order, the petitioner had also secured an interim order in this Writ Petition on 08.01.2024, whereby the status quo was ordered to be maintained as on the date of the aforesaid order. Meanwhile, the Government has acted upon the impugned communication / order of the Disctrict Collector/third respondent in in Na.Ka.No.351/2021/c.,. (C)m2 and had issued a Government Order in murhiz (2g) vz;.16 dated 01.03.2024 by the Municipal Administration and Water Supply (eep.5(1)) Department, the relevant portion of the circular has extracted here under: 5/10

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6. The learned counsel for the petitioner would submit that the term of the Chairman of the Usilampatti Panchayat Union, namely Mrs. Ranjani, came to an end in December 2024, and that a Special Officer has been appointed by the Government to administer the Usilampatti Panchayat Union.

7. It is submitted that the land measuring an extent of 7.85 acres, situated within the Municipal limits, which was under the control of the Usilampatti Panchayat Union, was a source of income for the Panchayat. It is further submitted that there are 481 shops on the said land, and the rent collected from these 481 shops constitutes the sole source of income for the petitioner, Usilampatti Panchayat Union.

8. Considering the fact that the Government has already acted upon the impugned communication, dated 15.12.2023 in Na.Ka.No.351/2021/c.,.(C)m2 and also considering the fact that the Government has also issued the afore said Government Order in murhiz (2g) vz;.16 dated 01.03.2024, contents of which have been extracted above, it has to be held that this Writ Petition has become infructuous. However, it is open to the newly elected body to challenge the aforesaid Government Order as and when it is constituted. 8/10

9. With the above said liberty, this Writ Petition stands dismissed. Consequently, connected Miscellaneous Petitions are closed. No costs. 11.07.2025 NCC : Yes / No Index : Yes / No Internet : Yes / No Indu To 1.The Secretary to Government, Municipal Administration and Water Supply Department, Fort St. George, Chennai - 09.

2.The Director of Rural Development and Panchayat Raj, Saidapet, Chennai - 15.

3.The District Collector / Inspector of Panchayat, Madurai District, Madurai.

4.The Commissioner / Block Development Officer, Usilampatty Panchayat Union, Usilampatty, Madurai District.

5.The Commissioner, Usilampatty Municipality, Usilampatty, Madurai District.

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C.SARAVANAN, J.

Indu W.P(MD).No.31101 of 2023 11.07.2025 10/10