R GANESAN Vs. DISTRICT COLLECTOR

JUDGEMENT

(1.) IN this Public INterest Litigation, petitioner seeks Writ of Certiorarified Mandamus to quash the orders of first respondent in the proceedings Na.Ka.No.1515/2008/m8 dated 13.10.2009 and to direct the first respondent to allot place of construction of the Tank in any one of the poromboke lands available in Survey Nos. 174, 147/1 and 137/3 of Kottapalayam Village, Tiruchengode Taluk, Namakkal District.

(2.) S.No.171/1 - 1.14.5 Hectares of Kottapalayam Village has been classified as Mandaiveli Poramboke. In S.No.171/1 GramaSabha has passed resolution of construction of new Tank under All Grama Anna Marumalarchi Thittam (midjJ fpuhk mzzh kWkyhrrp jpllk) and administrative permission was also granted. The grievance of the petitioner is that if the proposed Tank is constructed in S.No.171/1, land meant for grazing of cattle will be reduced. Further grievance of the petitioner is that S.No.171/4 is Mayanam and if the Tank is constructed in S.No.171/1 there will be seepage of water and soil of the graveyard will be water logged making it difficult to bury dead bodies. It is further stated that the construction of the Tank in S.No.171/1 will obstruct Ponni Aaru Stream, whereby more than 70 acres of lands of villagers getting irrigation facilities may be affected.

(3.) THE main grievance of the petitioner is that before proceeding with the proposed construction for Tank, Rules 3, 4, 9 and 10 of the Tamil Nadu Grama Sabha (Quorum and Procedure for Convening and Conducting of Meetings) Rules, 1998 were not followed. On behalf of the petitioner, learned Counsel Mr.N.G.R.Prasad submitted that there was no meeting convened as per the rules for convening GramaSabha and while so, first respondent was not right in saying that the resolution was made in GramaSabha for construction of new Tank. Pursuant to the orders of First Bench in W.P.No.16979 of 2009 dated 21.08.2009, since the first respondent/District Collector has made an elaborate enquiry examining the petitioner, Village Administrative Officer, Block Development Officer, Agriculturalists and other general public, it may not be necessary for us to go into the merits of the contention whether the rules for convening Grama Sabha were complied with or not.