VIJAYAN Vs. DISTRICT COLLECTOR, DINDIGUL DISTRICT

JUDGEMENT

(1.) PETITIONER seeks Writ of Mandamus directing the 1st Respondent to take action for using the bus stand at Gopalpatti Village, Natham Road, Dindigul District for public purpose on the basis of Petitioner's representation dated 29.02.2012.

(2.) GOPALPATTI Village is situated in Natham-Dindigul State Highways. Ministry of Panchayat Raj maintains fund in the name - "Backward Regions Grant Fund" (BRG Fund) which will provide financial resource for development of backward Districts. As per the scheme, in the State of Tamil Nadu, six Districts were selected and among six Districts, Dindigul District was also selected. Vembarpatty Panchayat passed a resolution to have a bus stand at Gopalpatti and the same was forwarded to District Panchayat Committee. From out of the fund allotted by Ministry of Panchayat Raj under BRG Fund scheme to Dindigul District, the Dindigul District Panchayat Council allotted Rs.30,00,000.00 and the Writ Petitioner, who was the then District Panchayat Councillor contributed Rs.4,00,000.00. Bus stand was constructed at Gopalpatti at the cost of the said Rs.34,00,000.00.

(3.) THOUGH the Writ Petition was originally filed on 16.03.2012, the same was returned for rectification. After compliance, the Writ Petition was represented by the Petitioner only on 12.04.2012. When the Writ Petition came up for admission on 17.04.2012, on oral instructions, the learned Special Government Pleader stated that the bus stand of Gopalpatti village has been ordered to be converted as shopping complex. Thereafter, the Writ Petitioner filed additional affidavit stating that Vembarpatty Panchayat passed a resolution deciding to convert the bus stand as daily market in resolution No.31/2012 dated 17.02.2012 and the same was approved by the 1st Respondent in Proceedings Na.Ka.No.696/2012/A3 dated 27.03.2012. Writ Petitioner alleged that Panchayat passed the resolution only to defeat the Writ Petition and seeks for Writ of Certiorarified Mandamus to quash resolution No.31/2012 dated 27.02.2012 and the Proceedings of the 1st Respondent in Na.Ka.No.696/2012/A3 dated 27.03.20112, approving the resolution.