V. Ramamoorthy v. State of Tamil Nadu, Rep. by its Home Secretary to Government, St. George Fort, Chennai
2016-01-22
N.KIRUBAKARAN
body2016
DigiLaw.ai
ORDER : 1. The petitioner is the President of Vidathakulam village Panchayat, Thirumangalam Taluk, Madurai District. The villagers have a middle school and later it was upgraded as the High School. Adjoining the High school, there is a vacant land, which is used for play ground by the students. However, the land was earmarked for construction of green house by the revenue authorities. Opposing the same, the village people as well as the petitioner made a protest which resulted in the proceedings initiated under Section 144 Cr.P.C on 24.05.2013. Since the petitioner and the other village people protested, giving some reasons and objecting implementation of the green house scheme, the proceedings under Section 205 of the Panchayat Act, has been initiated. The said order is being challenged before this Court. 2. Heard the learned Counsel appearing for the petitioner and the learned Additional Government Pleader appearing for the respondents 1 to 5 and the learned Counsel appearing for the sixth respondent. 3. It is not in dispute that the land which is being used as play ground by the School students has been earmarked for construction of green houses. The villagers protested against the same. In view of the same, the proceedings under Section 144 Cr.P.C had been initiated and the same was stayed by this Court in M.P.(MD)No.1 of 2013 in W.P.(MD)No.9099 of 2013. 4. It is also seen from paragraphs 5 and 6 of the counter affidavit that a Peace Committee Meeting was conducted by the Revenue Divisional Officer on 28.06.2013 to sort out the issues and the beneficiaries of the green house scheme agreed for allotment of alternative site in Natham comprised in Survey No.15/54 which lies on the northern side of the road. Because of the above development, of the issues have been sorted out and there is no problem in the village. The writ petition in W.P.(MD)No.9099 of 2013 filed by the petitioner was disposed of, in view of the above development, on 21.01.2016. Since the situation got defused and the dispute was solved, Section 205 of the Tamil Nadu Panchyat Act, proceedings cannot be sustained. There is no misappropriation of money. The interest of the sections of the villagers are taken care by the authorities and the petitioner. Therefore, the impugned order is unnecessary and the same is quashed. Accordingly, the writ petition is allowed. No costs. Consequently, the connected Miscellaneous petition is closed.