Remanded

R.Boominathan v. The State of Tamil Nadu

Madras HC2 Sept 2024WP(MD)/19815/2024

Case brief

AI extract

What is this about?

The Madurai Bench of the Madras High Court directed the District Collector to exclude Servaikaran Oorani Village from the distant Attangarai Gram Panchayat and include it in a nearby panchayat (Nagachi or Perungulam) considering the petitioner's representation and travel distance issues.

What did the court decide?

Directed the District Collector to exclude Servaikaran Oorani Village from Attangarai Gram Panchayat and include it in Nagachi or Perungulam village panchayat.

R.Boominathan Vs The State of Tamil Nadu — Pension and Retirement Benefits | Madras HC (2024)

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W.P.(MD) No.19815 of 2024

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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

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DATED : 02.09.2024

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CORAM:

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THE HONOURABLE MR.JUSTICE R.SUBRAMANIAN and THE HONOURABLE MRS.JUSTICE L.VICTORIA GOWRI

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W.P.(MD) No.19815 of 2024

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R.Boominathan ... Petitioner

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-vs-

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1.The State of Tamil Nadu,

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Rep. by its Principal Secretary, Department of Rural Development and Panchayat Raj, Kuralagam, Chennai.

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2.The Director of Rural Development and Panchayat Raj, Kuralagam,

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Chennai.

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3.The District Collector, Office of the District Collector,

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Ramanathapuram District.

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4.The Assistant Director(Panchayats), Ramanathapuram, Ramanathapuram District.

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5.The Revenue Divisional Officer, Office of the Revenue Divisional Office, Ramanathapuram District.

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6.The Block Development Officer(Panchayats), Office of the Block Development, Ramanathapruam District.

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W.P.(MD) No.19815 of 2024

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7.The Tahsildar, Taluka Office, Ramanathapuram District. ... Respondents

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PRAYER: Petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing the 1^st to 7^th respondents to exclusion of Servaikaran Oorani Village from Attangarai Gram Panchayat and consequently inclusion of Servaikaran Oorani Village into the nearby village panchayat by considering the petitioner's representation dated 09.07.2024.

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For Petitioner : Mr.S.Atham Ali For Respondents : Mr.P.Thilakkumar, Government Pleader

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O R D E R

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[Order of the Court was made by R.SUBRAMANIAN, J.]

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This writ petition is filed to issue a Writ of Mandamus, directing the 1^st to 7^th respondents to exclude Servaikaran Oorani Village from Attangarai Gram Panchayat and consequently, include Servaikaran Oorani Village into the nearby village panchayat by considering the petitioner's representation dated 09.07.2024.

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Page 2 of 6 https://www.mhc.tn.gov.in/judis

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W.P.(MD) No.19815 of 2024

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2. By our order dated 19.08.2024, we had required the learned Government Pleader to produce a plan indicating the distance between Servaikaran Oorani Village and Attangarai Village as well as the other panchayats nearby.

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3. A plan prepared by the Assistant Inspector (Survey), Ramanathapuram, has been produced before us today. It is admitted that Servaikaran Oorani Village is situate at the distance of 16.02 kms from Attangarai Village and there are three other village panchayats namely Nagachi which is situate at 1.8 kms and Perungulam which is situate at 5.8 kms from Servaikaran Oorani Village.

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4. Section 4 of the Tamil Nadu Panchayats Act, 1994 (in short 'the Act'), deals with formation of panchayats. It vests the power in the Inspector of Panchayats/District Collector to decide on formation of panchayats. Sub-Section 2 of Section 4 of the Act, empowers the District Collector/Inspector of Panchayats to exclude any area from any village and include it in any other panchayat.

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5. In the light of the power available with the Inspector of Panchayats, we find that the interests of villagers will be served by

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W.P.(MD) No.19815 of 2024

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directing the District Collector/Inspector of Panchayats to take a call on the representation of the petitioner to exclude Servaikaran Oorani Village from Attangarai village panchayat and include either in Nagachi or Perungulam or Chettiyarkularm village panchayat, so that the villagers do not have to travel 16 kms. to reach even the panchayat office. We are confident that the District Collector, Ramanathapuram District, will take a pragmatic decision on the issue.

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6. This writ petition is disposed of with the above directions. No Costs.

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[R.S.M., J.] [L.V.G., J.]

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02.09.2024

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NCC : Yes/No Index : Yes/No Internet : Yes PM

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_____________ Page 4 of 6_ https://www.mhc.tn.gov.in/judis

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W.P.(MD) No.19815 of 2024

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To:

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1.The Principal Secretary, State of Tamil Nadu, Department of Rural Development and Panchayat Raj, Kuralagam, Chennai.

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2.The Director of Rural Development and Panchayat Raj, Kuralagam, Chennai.

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3.The District Collector, Office of the District Collector, Ramanathapuram District.

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4.The Assistant Director(Panchayats), Ramanathapuram, Ramanathapuram District.

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5.The Revenue Divisional Officer, Office of the Revenue Divisional Office, Ramanathapuram District.

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6.The Block Development Officer(Panchayats), Office of the Block Development, Ramanathapruam District.

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7.The Tahsildar, Taluka Office, Ramanathapuram District.

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_____________ Page 5 of 6_ https://www.mhc.tn.gov.in/judis

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W.P.(MD) No.19815 of 2024

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R.SUBRAMANIAN, J. and L.VICTORIA GOWRI, J.

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W.P.(MD) No.19815 of 2024

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02.09.2024

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_____________ Page 6 of 6_ https://www.mhc.tn.gov.in/judis

R.Boominathan v. The State of Tamil Nadu

Case brief

What is this about?

What did the court decide?

R.Boominathan v. The State of Tamil Nadu

Case brief

What is this about?

What did the court decide?

What the court decided

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