K.Vaithilingam Vs the Secretary — Writ and Judicial Review | Madras HC (2025)

K.Vaithilingam Vs the Secretary — Writ and Judicial Review | Madras HC (2025)

What the court decided

AI extract

Outcome

Writ petition disposed of with a direction that the District Collector examine any objections of the petitioner and pass a considered order on his representation dated 12.11.2024 read with the Kadinavayal Panchayat resolution dated 09.11.2024, the entire exercise to be completed expeditiously; no costs awarded.

Issue for consideration

Whether the respondents should be directed to consider the resolution dated 09.11.2024 of the Kadinavayal Panchayat and the petitioner's representation dated 12.11.2024, and restrained from converting Kadinavayal village (currently a Village Panchayat) into a Town by merging it with the Vedharanyam Municipality.

Court's answer

The conversion of Kadinavayal Village, which is currently a village panchayat, into a town by merging it with Vedaranayam Town Municipality is a policy decision taken by the authorities.

Ratio / Principle

If there are any objections on behalf of the petitioner, the same must be examined by the District Collector, who may pass a considered order on the representation given by the petitioner.

Key takeaways

The entire exercise (examination of objections and passing of a considered order) must be completed as expeditiously as possible, since elections to the local bodies are scheduled to be held very shortly.ratio¶29

Detailed headnote1 paragraphs

Constitution of India, Article 226 — Writ of Mandamus — Local governance/Town planning — Proposal to convert Kadinavayal Village, presently a Village Panchayat in Nagapattinam District, into a Town by merging it with Vedharanyam (Vedaranayam) Town Municipality — Petitioner, President of Kadinavayal Village Panchayat, sought direction to the District Collector, Nagapattinam, to consider the Panchayat resolution dated 09.11.2024 and his own representation dated 12.11.2024 — HELD: the conversion/merger is a policy decision taken by the authorities; however, any objections raised on behalf of the petitioner must be examined by the District Collector and a considered order passed on the representation; the entire exercise to be completed as expeditiously as possible since elections to local bodies were scheduled shortly — Writ petition disposed of. No costs. (C.V. Karthikeyan, J.)

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 02.01.2025

CORAM

THE HON'BLE Mr. JUSTICE C.V.KARTHIKEYAN

W.P.No.39586 of 2024

K.Vaithilingam

.. Petitioner

Vs.

1.The Secretary,

Housing Development and Town Planning Authority, Secretariat,

Fort St. George,

Chennai – 600 009.

2.The Director,

Directorate of Town Planning, E & C Market Road, Koyambedu,

Chennai – 600 107.

3.The District Collector, District Collectorate, Nagapattinam, Nagapattinam District.

4.The Assistant Director, District Town Planning Authority, AA Complex, Velippalayam, Nagapattinam District.

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

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5.The Block Development Officer, Vedharanyam, Vedharanyam Taluk, Nagapattinam District. .. Respondents

Prayer: Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus, directing respondents consider the resolution dated 09.11.2024 of the Kadinavayal Panchayat and the representation of the petitioner dated 12.11.2024 and restrain the respondents from converting kadinavayal village which is currently a Village panchayat into a Town by merging it with the Vedharanyam Municipality.

For Petitioner .. Mr.R.Muruga Bharathi For Respondents .. Mr.N.Naveen Kumar Government Advocate

ORDER

This writ petition has been filed in the nature of a mandamus seeking a direction to the 3^rd respondent, the District Collector, Nagapattinam District to consider the resolution passed dated 09.11.2024 by the Kadinavayal Village Panchayat of which the writ petitioner is the President and also an independent representation given by the petitioner on 12.11.2024.

2.The resolution and the representation relate to converting Kadinavayal Village which is currently a village panchayat into a town by merging it with

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

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Vedaranayam Town Municipality. This is a policy decision taken. But however, if there are any objections on behalf of the petitioner, the same also has to be examined by the District Collector and a considered order may be passed on the representation given by the petitioner herein. The entire exercise must be completed, as expeditiously as possible, since it is informed that the election to the local bodies are scheduled to be held very shortly.

3.This writ petition stands disposed of. No Costs.

02.01.2025

Index:Yes/No Internet:Yes/No Speaking Order/Non-Speaking Order Neutral Citation:Yes/No ssr

To

1.The Secretary, Housing Development and Town Planning Authority, Secretariat, Fort St. George, Chennai – 600 009.

2.The Director, Directorate of Town Planning, E & C Market Road, Koyambedu, Chennai – 600 107.

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

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C.V.KARTHIKEYAN,J.

ssr

3.The District Collector, District Collectorate, Nagapattinam, Nagapattinam District.

4.The Assistant Director, District Town Planning Authority, AA Complex, Velippalayam, Nagapattinam District.

5.The Block Development Officer, Vedharanyam, Vedharanyam Taluk, Nagapattinam District.

W.P.No.39586 of 2024

02.01.2025

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