AI Structured Summary
Not yet generated for this judgment
Judgment
S. Manikumar, J.—1. President of "Arulmigu Singampunari Sri Sevuga Perumal Thirukovil" Committee and claiming himself to be a Public Interest Litigant, has sought for a Writ of Certiorarified Mandamus, to quash the proceedings in R.C. No. 7/4299/2015, dated 27.01.2016 of the Inspector of Panchayat / the District Collector, Sivagangai, Sivagangai District / respondent No. 1. He has also sought for a consequential direction to the President, Pottapalayam Panchayat, Thiruppuvanam Union, Sivagangai District / respondent No. 4, not to prevent the proposed construction of temple in the village premises in Survey No. 158/29, measuring 0.00.85 Ares and 158/30-0.00.87 Ares.
Supporting the prayer sought for, the petitioner has contended that the villagers of Pottapalayam Panchayat, Thiruppuvanam Union, Sivagangai District, have been in possession and enjoyment of Survey Nos. 158/19, 158.20, 158/21, 258/22, 158/29 and 158/30, for several decades. House sites were allotted to them in the year 1991, under the scheme of free house sites to Schedule Caste families. However, they decided to construct ''Arulmigu Singampunari Sri Sevuga Perumal Thirukovil'' and accordingly, formed Thirukovil Committee. It is further submitted that, when the matter stood thus, the President, Pottapalayam Panchayat, Thiruppuvanam Union, Sivagangai District / respondent No. 4 has passed a Resolution No. 16, dated 07.08.2013, by which, a decision has been taken to construct Panchayat Service Centre in Sy. Nos. 158/29 and 158/30. In Resolution No. 16, it is also stated that the above said survey numbers are Government poramboke lands. Expressing their intention to construct a temple, representation, dated 26.05.2014 has been sent to the Tahsildar, Thiruppuvanam Taluk, Sivagangai District / respondent No. 2. Legal notice, dated 02.02.2016 has been sent to the Inspector of Panchayat / the District Collector, Sivagangai, Sivagangai District / respondent No. 1.
According to the petitioner, prior to the passing of the Resolution No. 16, dated 07.08.2013, no notice was given to the villagers and no enquiry was conducted. In the above said circumstances, the petitioner filed WP(MD) No. 12595 of 2014, before this Court challenging the Resolution No. 16, dated 07.08.2013. Vide order dated 15.10.2014, this Court directed the petitioner to approach the Inspector of Panchayat / the District Collector, Sivagangai, Sivagangai District / respondent No. 1 and further directed, that on receipt of the representation, orders to be passed within two weeks from the date of receipt of the copy of the order. The petitioner further contended that though they had approached the Inspector of Panchayat / the District Collector, Sivagangai, Sivagangai District / respondent No. 1 herein and submitted documents, without considering the same, he has passed the impugned order in R.C. No. m7/4299/2015, dated 27.01.2016, rejecting the request of the villagers.
Assailing the correctness of the order, Mr.T.R. Subramanian, learned counsel appearing for the petitioner submitted that the Inspector of Panchayat / the District Collector, Sivagangai, Sivagangai District / respondent No. 1, has failed to consider the grievance of the villagers and conduct a formal enquiry. He has failed to consider that the construction of temple "Arulmigu Singampunari Sri Sevuga Perumal Thirukovil" in the lands allotted to the villagers cannot be said to be against the public interest. He further submitted that the Inspector of Panchayat / the District Collector, Sivagangai, Sivagangai District / respondent No. 1 has failed to consider that already there is a Panchayat Union Office in the Village and therefore, there is no need to construct a Village Service Canter.
We have heard Mr.A.K. Bhaskarapandian, learned Special Government Pleader also, who submitted that none of the villagers have been issued with patta, in the subject lands, for which, the Village Service Canter is sought to be constructed. He also submitted that construction of Village Service centre is a National Project, and such Centre in the Village is required to disseminate information to the villagers.
Heard the learned counsel for the parties and perused the materials available on record.
Material on record discloses that on 07.08.2013, Pottapalayam Panchayat, Thiruppuvanam Union, Sivagangai District, has passed a Resolution No. 16, permitting construction of Village Service Centre in Natham Poramboke Sy. Nos. 158/29 and 158/30, measuring 0.00.85 Ares and 158/30-0.00.87 Ares respectively. A petition dated 04.06.2014 seemed to have been sent by the petitioner, to the Tahsildar, Thiruppuvanam Taluk, Sivagangai District / respondent No. 2, stating that the lands in which, construction of temple was proposed, had already been sub divided and allotted to many persons. As many of them had gone outside the village for employment, houses could not be constructed. Now such allottees have decided to put up a temple. In the said petition, dated 04.06.2014, addressed to the Tahsildar, Thiruppuvanam Taluk, Sivagangai District / respondent No. 2, the petitioner has stated that steps have been taken for construction of "Arulmigu Singampunari Sri Sevuga Perumal Thirukovil" and therefore, he has sought for patta should be issued in the name of temple for Sy. Nos. 158/29 and 158/30. Village administrative Officer, Karisalkulam, Pottapalayam Thiruppuvanam Taluk, has issued a certificate stating that Sy. Nos. 158/29 and 158/30, measuring 0.00.85 and 158/30-0.00.87 Square Meters have been described as Government Natham.
While the matter stood thus, the petitioner has filed W.P. (MD) No. 12595 of 2014, for a Writ of Certiorarified Mandamus, to quash the Resolution No. 16, dated 07.08.2013, passed by the President, Pottapalayam Panchayat, Thiruppuvanam Union, Sivagangai District and consequently, sought for a direction to the Tahsildar, Thiruppuvanam Taluk, Sivagangai District / respondent No. 2, not to prevent construction of the temple. Though the petitioner has reiterated the very same averments now made in the present writ petition, without going into the merits of the same and taking note of the fact that the Inspector of Panchayat / District Collector has power to suspend or cancel the Resolution, under the Tamil Nadu Panchayats Act, 1994, the Writ Court has directed the petitioner to approach the said authority for redressal. the Inspector of Panchayat / the District Collector, Sivagangai, Sivagangai District / respondent No. 1 has directed to consider the representation, dated 04.06.2014. Subsequently, the petitioner is stated to have made a representation, dated 17.11.2014, to the President, Pottapalayam Panchayat, Thiruppuvanam Union, Sivagangai District, during the public grievance day. Pursuant to the directions, issued in W.P.(MD) No. 12595 of 2014, dated 15.10.2014, an enquiry has been conducted by the District Collector on 07.01.2016. The petitioner has appeared before the District Collector and taken adjournment. Subsequently, on 18.01.2016, he has submitted a written representation. After considering the revenue records and the report of the Tahsildar, note of the District Adi Drividar Welfare Officer, the Inspector of Panchayats held that there are no records, to prove that the villagers and petitioners have filed any revenue records, to support their contention of long usage of lands in Sy. Nos. 158/29 and 158/30, measuring 0.00.85 Ares and 158/30-0.00.87 Ares. The above survey numbers have been recorded only as Natham in the village accounts. In addition to the above, the Inspector of Panchayat / the District Collector, Sivagangai, Sivagangai District / respondent No. 1 has also noticed that in Pottapalayam village there are many temples and observing that, if a Village Service Centre is constructed, it would serve the village, in registering the applications for employment, registration of the daily wages and disseminate information regarding funds allotted by various department, in relation to village panchayats. Thus, after considering the revenue records, the petitioner''s letter to the Tahsildar, Thiruppuvanam Taluk, Sivagangai District / respondent No. 2 and the note of the District Adi Dravidar Welfare Officer, Sivagangai, the Inspector of Panchayat / the District Collector, Sivagangai, Sivagangai District / respondent No. 1 vide proceedings in R.C. No. m7/4299/2015, dated 27.01.2016, has passed a very detailed order, rejecting the request of the petitioner, dated 04.06.2014. The said letter impugned in the present writ petition, is reproduced hereunder:
9.Though the petitioner has contended that documents produced have not been considered by the Inspector of Panchayat / the District Collector, Sivagangai, Sivagangai District / respondent No. 1, and further contended that villagers are in possession and enjoyment of the lands in question for long number of years, perusal of the impugned order, dated 27.01.2016 does not disclose that the petitioner had filed any documents in support of the above contention. Lands in Sy. No. 158/29 and 158/30 have been declared only as Natham in Village accounts. If the contention of the petitioner that the above said Survey numbers have been sub-divided and allotted to the villagers for construction of house sites and due their absence, and due to their employment outside the village, they could not construct the houses, nothing prevented them from producing the records, relating to assignments, before the Inspector of Panchayat / the District Collector, Sivagangai, Sivagangai District / respondent No. 1. On the contra, the District Adi Dravida Welfare Officer in his note has stated that no land has been acquired for the purpose of issuing free house site pattas. No acquisition is required, if it is in Government land.
Notwithstanding the above, even before this Court, not even a scrap of paper is filed to substantiate the contentions of long usage and allotment as house sites. As per G.O.(Ms) No. 258, Rural Development, dated 18.08.1997 for the purpose of constructing a temple permission has to be obtained from the District Collector. So far no permission has been granted. When the lands in Sy. No. 158/29 and 158/30 in Pottapalayam Panchayat, Thiruppuvanam Union, Sivagangai District, have been qualified as Natham, it is always open to the Inspector of Panchayat / the District Collector, Sivagangai, Sivagangai District / respondent No. 1, to permit construction of a Village Service Centre and that the same would benefit the entire public.
Construction of Village Service Centre is in public interest and would be beneficial to all the villagers but the intention of the petitioner and others is to construct a temple. As stated supra way back, on 07.08.2013, Pottapalayam Panchayat Union has passed a resolution to permit construction of Village Service Centre in the land measuring Sy. Nos. 158/29 and 158/30, measuring 0.00.85 Ares and 0.00.87 Ares. Though a Resolution has been passed, as early on 07.08.2013 produced the same, the petitioner and others have filed W.P.(MD) No. 12595 of 2014 and thus, successfully protracted the same, for more than 2-1/2 years. There is no public interest in the present writ petition. Writ of Certiorarified Mandamus cannot be granted. Opposing construction of a Village Service Centre is against public interest. Though the Writ Petition deserves to be dismissed with costs, we refrain from doing so, hoping that the petitioner would not indulge in such acts in future.
In the result, the Writ Petition is dismissed. No costs. Consequently, connected miscellaneous petition is also dismissed.