Arasapalayam Village Panchayat Represented by its President P. Bomman v. Government of Tamil Nadu Rep. by its Secretary, Fural Development and Panchayetraj Department Chennai
2013-02-07
M.JAICHANDREN
body2013
DigiLaw.ai
JUDGMENT 1. This writ petition has been filed praying that this Court may be pleased to issue a writ of mandamus to direct the respondents 1 to 6 to enforce the provisions of the Tamil Nadu Panchayats Act,1994 and the Government Orders, in G.O.(Ms)No.255, Rural Development (C2) Department, dated 18-08-1997 and G.O.(Ms).No.71, Rural Development (C2) Department, dated 16-06-2003, with regard to the lands, in survey no.211 of Arasapalayam Panchayat, at Kakkaveri Village, in Namakkal District. 2. The learned counsel appearing on behalf of the petitioner had submitted that the respondents 1 to 6, while granting layout and plan approval for the respondents 7 and 8, in respect of the lands in question, had not followed the provisions of the Tamil Nadu Panchayats Act, 1994, and the Government Orders mentioned above. However, the learned counsel appearing on behalf of the petitioner is not in a position to specify the irregularities committed by the respondents 1 to 6 in granting the layout and plan approval, in respect of the lands in question, in favour of the respondents 7 to 9. 3. The learned Additional Government Pleader appearing on behalf of the respondents 1 to 6 had submitted that, whenever requests are made for the grant of layouts and plan approvals, by the parties concerned, they are granted by the respondents, only in accordance with the provisions of the Tamil Nadu Panchayats Act, 1994, and the relevant Government Orders. He had further submitted that the petitioner had not shown, by sufficient evidence, that there have been certain irregularities in the grant of layout and plan approval, in respect of the lands in question. As such, the writ petition filed by the petitioner is devoid of merits and therefore, it is liable to be dismissed. 4. In view of the submissions made by the learned counsels appearing on behalf of the parties concerned and on a perusal of the records available, this Court is of the considered view that the petitioner is not entitled to file the present writ petition, praying for a general and omnibus relief to direct the respondents 1 to 6 to implement the provisions of the Tamil Nadu Panchayats Act, 1994 and the Government Orders mentioned above, with regard to the lands in question. Further, the learned counsel for the petitioner is not in a position, to state as to how the petitioner could be considered as an aggrieved party.
Further, the learned counsel for the petitioner is not in a position, to state as to how the petitioner could be considered as an aggrieved party. Nor has the petitioner pointed out the irregularities committed by the respondents 1 to 6, in granting layout and plan approval, in respect of the lands in question. 5. As such, the writ petition is liable to be dismissed. Hence, it is dismissed. No costs. The connected M.P. No. 1 of 2012 is closed.