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2014 DIGILAW 3028 (MAD)

R. Subramanian v. District Collector, Tirunelveli District

2014-09-02

S.MANIKUMAR, V.S.RAVI

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Judgment S. Manikumar, J. 1. The prayer in this Writ Petition is to quash the order of the Assistant Director of Panchayat, Tirunelveli, Tirunelveli District, respondent No.2, made in A8/2512/2014, dated 04.08.2014, and consequently direct the respondents to allow the fourth respondent panchayat to function in its own building at K. Navaneethakrishnapuram, permanently. 2. Material on record discloses that earlier, when a writ of mandamus was sought for by the petitioner, for a direction to the District Collector to consider and pass orders on the representation, dated 14.12.2006 of the petitioner and the villagers, preventing the panchayat office to be shifted from K. Navaneethakrishnapuram to Rukmaniammalpuram village library building, Alangulam Panchayat Union, Tirunelveli District, after hearing the learned counsel for the parties, this Court, at paragraph 6 of the order in W.P.(MD)No.3586 of 2007, dated 18.04.2007 directed the District Collector, Tirunelveli District to decide the issue and pass appropriate orders, within a period of one month from the date of receipt/production of a copy of the order made in the writ petition. The Court further directed that in case of any adverse decision, the authority would record the reasons and communicate the decision the petitioner. 3. Material on record further discloses that the Panchayat union, Vadakku Kavalakurichi, has passed a resolution on 30.07.2014 for permanent functioning of a panchayat office. Consequently, a letter dated 23.07.2014, seemed to have been addressed to the Assistant Director of Panchayats, Tirunelveli, Tirunelveli District, respondent No.2. In response to the same, the said authority, has informed the President of the said panchayat that till suitable orders are issued by the District Collector, Tirunelveli District, panchayat office would function at Panchayat Union building. For better understanding, the impugned order in A8/2512/2014, dated 04.08.2014, is extracted hereunder: (“Tamil”) 4. The order, dated 04.08.2014, is in consonance with the directions made in W.P.(MD)No.3586 of 2007, dated 18.04.2007. We do not find any illegality in the impugned order warranting interference. We only wish to add that the District Collector, Tirunelveli District to take a prompt decision, as per the directions of this Court dated 18.04.2007, to avoid further litigation on this issue. 5. For the reasons stated supra, the Writ Petition is dismissed. No costs. Consequently, the connected miscellaneous petitions are closed.