IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 29.04.2010 CORAM THE HONOURABLE MR.JUSTICE T.RAJA W.P.No.5556 of 2004 1.V.Servaran 2.I.Paulraj ... Petitioners (P2 impleaded as per order dated 15.03.2010, TRJ in W.P.M.P.No.213 of 2010 in W.P. No.5556 of 2004) Vs. The Collector, Tirunelveli, Tirunelveli District. ... Respondent Petition filed under Article 226 of the Constitution of India praying for the issue of a Writ of Certiorarified Mandamus, to call for the records from the respondent in proceedings No.Na.Kaa.No.a8/678/04(C) dated 17.02.2004 and quash the same and consequently direct the respondent to construct the Panchayat Office at Ventrilingapuram Village, Sankarankovil Taluk, Tiruneveli District. For P1 : Mr.V.Kathirvelu For P2 : Mr.Nethaji for M/s.Dass & Bose Associates For Respondent : Mrs.D.Geetha, Additional Government Pleader ORDER The present writ petition has been filed by the petitioners, V.Servaran and I.Paulraj, seeking issuance of a Writ of Certiorarified Mandamus, to call for the records from the respondent in proceedings No.Na.Kaa.No.a8/678/04(C) dated 17.02.2004 and quash the same and consequently direct the respondent to construct the Panchayat Office at Ventrilingapuram Village, Sankarankovil Taluk, Tiruneveli District. 2. The case of the petitioners is that the village Ventrilingapuram is under the Pattataikatti Panchayat, which is having six villages under it. Further, the Ventrilingapuram village https://hcservices.ecourts.gov.in/hcservices/ is having more population than the other five villages. In Pattataikatti Village, there are 49 houses, in Chanthiragiri Village there are 28 houses, in Thattankulam Village there are 38 houses, in Sarkaraikulam Village, there are 87 houses, in Tharmathoorani Village there are 276 houses and in the petitioners Village namely, Ventrilingapuram Village, there are 488 houses. Therefore, the Rural Development Department has sent proceedings to all the District Collectors and other authorities in proceedings No.Na.Kaa.No.472001/2-1 TA-5/dated 10.09.2003 stating that the Village Panchayat Office would be constructed along with Village Administrative Office. Only based on the said proceedings, the respondent has also sent proceedings to the Block Development Officer, Melaneelithanallur clearly stating that the Panchayat Office has to be constructed along with this V.A.O's Office from the M.L.A's Constituency Development Fund from 2001 to 2002. It is also stated that the V.A.O's Office as well as the Panchayat Revenue Collection Center were constructed in the petitioners' village Ventrilingapuram when there was a dispute regarding construction of V.A.O's Office a Civil Suit was filed, on the file of the Additional District Munsif Court, Sankarankovil in O.A.No.290 of 1996 to restrain the Commissioner of Melaneelithanallur Panchayat Union. However, the suit came to be dismissed on 03.12.2002. As against that an appeal was filed in A.S.No.5 of 2003. The said appeal came to be dismissed on 03.03.2003. Therefore, it has been mentioned that the petitioners have been taking all steps to see that the construction of V.A.O's Office should take place in the petitioners' village. Since the proceedings dated 10.09.2003 says that the V.A.O's Office as well as the Panchayat Board Office should be constructed in one place, the respondent cannot construct the V.A.O's Office at one place and Panchayat Board Office in another place. Since the action of the respondent is against the proceedings issued by the Department of Rural Development in proceedings No.Na.Kaa.No.472001/2-1 TA-5/ dated 10.09.2003, the present writ petition has been filed, seeking a direction to construct the Panchayat Office at Ventrilingapuram, Sankarankovil Taluk, Tirunelveli District. 3. In reply, learned Additional Government Pleader appearing for the respondent submits that, already a suit which was filed on the file of the District Munsif Court at Sankarankovil in O.A.No.290 of 1996 seeking an order restraining the Commissioner of Melaneelithanallur Panchayat Union, Additional Block Development Officer and President of Pattataikatti village Panachayat from constructing of Panchayat Office at Thattankulam village came to be dismissed on 03.12.2002. Aggrieved by the above said order, an appeal was also filed in A.S.No.5 of 2003 and the said appeal also came be to be dismissed on 03.03.2003. Subsequently, a petition presented by V.Servaran, the 1st petitioner herein, with the request to construct the Pattataikatti village Panchayat Office at Ventrilingapuram. Apart from the petition presented by V.Servaran, he has also filed the writ petition. https://hcservices.ecourts.gov.in/hcservices/ 4. In the meanwhile, in W.P.M.P.No.45803 of 2003 in W.P.No.37696 of 2003, this Court has already passed an order, directing the respondents to pass necessary orders on the petition represented by the petitioner. Accordingly, pursuant to the order passed by this Court, in the above W.P.M.P.No.45803 of 2003 in W.P.No.37696 of 2003, final orders have been passed on the representation made by the petitioner by informing the inability to construct the Panchayat Office at Ventrilingapuram village, through the Collector & Inspector of Panchayats, Tirunelveli Letter No.A8/678/2004(Pts.) dated 17.02.2004. Therefore, the present writ petition seeking to quash the above said order and also issue a direction to the respondent Panchayat Office is not viable. 5. Therefore, it was also submitted that the location of Panchayat Office at Thattankulam is decided on the basis of easy accessibility of public from all habitations of that Panchayat but not on the basis of houses located in different villages. Hence, heart of the Panchayat area has been chosen for the construction of Panchayat Office building and further, the construction work has also started and the basic work is also over. In that view of this matter, since the construction work has already started, the present writ petition seeking a different direction will work against the completion of the construction of Village Panchayat Office. On that basis, the learned Additional Government Pleader prayed for dismissal of the same. 6. Heard the learned counsel on both sides. 7. The Pattataikatti village Panchayat is consisting of six small villages namely, Chanthiragiri, Pattataikatti, Thattankulam, Sarkaraikulam, Tharmathoorani and Ventrilingapurm. Whileso, the Thattankulam is situated in the centre place of other small villages. Therefore, the authorities have taken a decision to construct the Panchayat Union Office in the present place where the construction has already started. When the respondent has taken an administrative decision choosing the present place as the heart of the all other small hamlets and admittedly, the construction work also has already been initiated, it is, too late, for the petitioner to stop the construction when the construction has almost reached up to roof. The counter filed by the respondent Department also mentions that the basement work is already completed at Thattankulam village. Since the authorities concerned have already taken a decision considering all relevant factors like easy access to Panchayat Office, central location etc. and the basement work has also been https://hcservices.ecourts.gov.in/hcservices/ completed by spending huge money, the prayer of the petitioner at this stage cannot be entertained. Therefore, this Court finds no merits in the present writ petition. Accordingly, the same is dismissed. No costs. Sd/- Asst. Registrar //true copy// Sub Asst.Registrar smn To The Collector, Tirunelveli, Tirunelveli District. 1 cc to M/S.Dass & Bose Associates, Advocate, Sr.No.28998 1 cc to Government Pleader, Sr.No.29810 W.P.No.5556 of 2004 SGL {CO} TP/3.6.2010. https://hcservices.ecourts.gov.in/hcservices/