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2011 DIGILAW 616 (MAD)

Venkat Reddy v. The State of Tamilnadu, represented by its Secretary to Government

2011-02-04

R.SUDHAKAR

body2011
Judgment :- 1. The three Writ Petitions are filed praying to issue a Writ of Mandamus, directing the respondents to drop the proposal to include the Mukundapalli Panchayat, Avalapalli Panchayat and Mathigir Selection Grade Town Panchayat, respectively with Hosur Municipality. 2. Mr.L.S.M.Hasan Fizal, learned Government Advocate, takes notice on behalf of the respondents in the three writ petitions. 3. In the three writ petitions, the relief sought for is one and the same. Hence, the three writ petitions are taken up together. Considering the nature of relief sought for in the three writ petitions and by consent of both the parties, all the three writ petitions are taken up for final disposal. 4. The three writ petitions have been filed by the respective elected President for a mandamus to direct the respondents to drop the proposal to include the panchayat and town panchayat respectively into the third respondent Municipality. The plea of the three petitioners in each case is that the respective panchayat and town panchayat have passed resolutions requesting the Government not to include them within the jurisdiction of the third respondent Hosur Municipality. In this regard, petitioners gave representations dated 22.11.2010 in W.P.No.2655; representation dated 28.9.2010 in W.P.No.2656 of 2011 and representation dated 23.11.2010 in W.P.No.2657 of 2001. Learned counsel for the petitioner pleads that the first respondent should be directed to consider the said representations on merits before the Government takes further action on the above said proposal. 5. Mr.L.S.M.Hasan Fizal, learned Government Advocate appears for the respondents states that the plea of the respective panchayat and town panchayat will be taken into consideration in accordance with law at the appropriate time. He also states that a Government Order has already been passed. 6. In such view of the matter, the first respondent is directed to consider the issue based on the representations made by the petitioners in each of the cases on merits and in accordance with law, if any case is made out for considering their request. The Court has not expressed any opinion on the merits of the issue. The representations of the petitioners in all the cases shall be disposed of within eight weeks from the date of receipt of a copy of this order appropriately. The three writ petitions are ordered as above. No costs. Consequently, connected miscellaneous petitions are closed.