Partly allowed

Selvaraj v. Thirunallur Village Panchayat

Madras HC28 Nov 2024WA(MD)/1489/2024

Case brief

AI extract

What is this about?

The Mandamus Appeal was filed to set aside the Single Judge's order dispensing with notice to the appellant. The Single Judge's order allowing construction of a Panchayat Office was set aside, and the matter remitted to reconsider objections by the appellant.

What did the court decide?

The order dated 18.07.2024 in W.P.(MD).No.12540 of 2024 was set aside and the matter remitted to the learned Single Judge for fresh consideration.

Selvaraj Vs Thirunallur Village Panchayat — Civil Procedure and Limitation | Madras HC (2024)

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W.A.(MD).No.1489 of 2024

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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

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DATED: 28.11.2024

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CORAM

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THE HONOURABLE MR.JUSTICE M.S.RAMESH AND THE HONOURABLE DR.JUSTICE A.D.MARIA CLETE

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W.A.(MD).No.1489 of 2024 and C.M.P.(MD).No.11555 of 2024

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Selvaraj

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... Appellant/8^th Respondent

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Vs.

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1.Thirunallur Village Panchayat, Annavasal Union, Pudukkottai District, Represented by its President, K.Manimuthu.

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... 1^st Respondent/Writ Petitioner

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2.The District Collector, Pudukkottai District.

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3.The Assistant Director of Village Panchayat, Pudukkottai District.

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4.The Block Development Officer, Annavasal Union, Pudukkottai District.

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5.The Tahsildar, Illuppur Taluk, Pudukkottai District.

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Page 1 of 5

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https://www.mhc.tn.gov.in/judis

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W.A.(MD).No.1489 of 2024

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6.Palaniappan

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7.Chinnaiah

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8.Raja 9.Manimaran 10.Katthan 11.Bose 12.Chinnappa ... Respondents 2-12/Respondents 1-7, 9-12

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PRAYER: Writ Appeal filed under Clause 15 of Letters Patent, praying to set aside the order dated 18.07.2024 made in W.P.(MD).No.12540 of 2024 and allow the Writ Appeal.

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For Appellant : Mr.S.Parthiban For R-1 : Mr.Na.Palaniyandi For R-2 to R-5 : Mr.S.R.A.Ramachandran Additional Government Pleader

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JUDGMENT

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(Judgment of the Court was made by M.S.RAMESH,J.)

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The present Writ Appeal has been filed challenging the order of the learned Single Judge in W.P.(MD).No.12540 of 2024 dated 18.07.2024.

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Page 2 of 5

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https://www.mhc.tn.gov.in/judis

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W.A.(MD).No.1489 of 2024

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The ground on which the order of the writ Court is put under challenge

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is that no notice was served on the appellant herein, who was arrayed as eighth respondent in the Writ Petition, as well as the other private respondents in the Writ Petition.

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In the order of the writ Court, notice to the private respondents was dispensed with. However, the appellant/eighth respondent has raised certain serious objections with regard to the construction of the Panchayat Office in the property, which is the subject matter in the Writ Petition, stating that if the new Panchayat Office is constructed therein, where the villagers celebrate their annual Manju Virattu, there would be lot of inconvenience and disturbance, resulting in law and order problem.

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Since the appellant appears to have some serious objections with regard to the directions in the order of the writ Court, we deem it appropriate that he may be given opportunity to put forth all these objections before the learned Single Judge.

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Page 3 of 5

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https://www.mhc.tn.gov.in/judis

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W.A.(MD).No.1489 of 2024

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In the light of the above observations, the order passed by the learned Single Judge in W.P.(MD).No.12540 of 2024 dated 18.07.2024 is set aside and

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the matter is remitted back to the learned Single Judge for fresh consideration.

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Accordingly, the Writ Appeal stands disposed of. There shall be no order as to costs. Consequently, connected miscellaneous petition stands closed.

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(M.S.R.,J.) (A.D.M.C.,J.) 28.11.2024

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NCC : Yes / No Index : Yes / No Internet : Yes / No Lm

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1.The District Collector, Pudukkottai District.

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2.The Assistant Director of Village Panchayat, Pudukkottai District.

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3.The Block Development Officer, Annavasal Union, Pudukkottai District.

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4.The Tahsildar, Illuppur Taluk, Pudukkottai District.

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Page 4 of 5

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https://www.mhc.tn.gov.in/judis

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W.A.(MD).No.1489 of 2024

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M.S.RAMESH,J. and A.D.MARIA CLETE,J.

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W.A.(MD).No.1489 of 2024

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28.11.2024

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Page 5 of 5

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https://www.mhc.tn.gov.in/judis

Selvaraj v. Thirunallur Village Panchayat

Case brief

What is this about?

What did the court decide?

Selvaraj v. Thirunallur Village Panchayat

Case brief

What is this about?

What did the court decide?

What the court decided

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