Citation : 2025 Latest Caselaw 8021 Mad
Judgement Date : 25 October, 2025
W.A.No.3017 of 2025
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 25.10.2025
CORAM
THE HONOURABLE MR.JUSTICE R.SURESH KUMAR
and
THE HONOURABLE MR.JUSTICE S.SOUNTHAR
W.A.No.3017 of 2025
and
C.M.P.No.24419 of 2025
Kamalakannan ... Appellant
-Vs-
1. The District Collector,
Office of the District Collector,
Cuddalore District.
2. The Block Development Officer,
Office of the Block Development Officer,
Panruti Block & Taluk,
Cuddalore District.
3. The Tahsildar,
Office of the Tahsildar,
Panruti Taluk,
Cuddalore District.
4. The Zonal Officer,
Tamil Nadu Transport Corporation
Villupuram Limited,
Cuddalore District. ... Respondent
PRAYER : Appeal filed under Clause XV of Letters Patent, against the order
dated 04.09.2025 in W.P.No.33337 of 2025.
1/9
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W.A.No.3017 of 2025
For Appellant : Mr.Arockia Dass
for M/s.Dass and Viswa Associates
For Respondents : Mr.E.Veda Bagath Singh
Spl. Govt. Pleader for R1, R3 & R4
Mr.M.Alagu Goutham
Government Advocate for R2
JUDGMENT
(Judgment of the Court was delivered by R.SURESH KUMAR, J.)
This intra Court appeal has been directed against the order dated
04.09.2025 made in W.P.No.33337 of 2025.
2. Though the writ appeal has come up for admission today, the learned
counsel appearing for both sides have agreed upon to dispose of the writ appeal
at the admission stage itself.
3. We have heard Mr.Arockia Dass, learned counsel appearing for the
appellant and Mr.E.Veda Bagath Singh, learned Special Government Pleader
appearing for the respondents 1, 3 & 4 and Mr.M.Alagu Goutham, learned
Government Advocate appearing for the second respondent.
4. The issue arises from the order passed by the writ Court in the present
appeal is, what shall be the name of the bus stop constructed at
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Perperiyankuppam Village Panchayat, at Muthandikuppam Bazaar Street from
out of the member of Legislative Assembly Local Fund as sanctioned by the
District Collector vide his proceedings dated 09.10.2024.
5. Out of the Local MLA fund sanctioned in this regard, the District
Collector, i.e., first respondent has passed proceedings on 09.10.2024 to
construct the bus stop at Perperiyankuppam Village Panchayat,
Muthandikuppam Bazaar Street, Panruti Taluk, Cuddalore District. The
relevant portion of the proceedings dated 09.10.2024 of the District Collector
reads thus:
t/vz; eph;thf mDkjp tH';fg;gLk; gFjp kjpg;gPL gzpfspd; tptuk; (,yl;rj;jpy;) tl;lhu tsh;r;rp mYtyh; (t/C) gz;Ul;o 1 "ngh;bghpahd;Fg;gk; Cuhl;rp bghJ 22.00
Kj;jhz;of;Fg;gk; filtPjpapy;
etPd ngUe;J epiyak;
fl;Ljy;"
6. Accordingly, the bus stop was constructed and the bus stop was
opened for the utility of the public and when the name board of the bus stop
was fixed, there was a dispute between the people of Perperiyankuppam as well
as people of Muthandikuppam. It is the contention of the people of
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Perperiyankuppam that the bus stop comes within purview of
Perperiyankuppam Village Panchayat, therefore, only the name of
Perperiyankuppam alone be made in the name board of the bus stop whereas it
is the contention of the village people of Muthandikuppam that, the bus stop
was constructed at Bazaar Street of Muthandikuppam mainly for
Muthandikuppam Village and also to identify Muthandikuppam Bazaar Street,
therefore, the name of Muthandikuppam alone to be made in the name board of
the bus stop.
7. The matter has gone, as there was likelihood of law and order problem,
to the Executive Magistrate, i.e., third respondent / Tahsildar, who, after
conducting a Peace Committee Meeting has passed a resolution dated Nil
05.2025. In fact, the people belonging to Muthandikuppam seem to have
objected such resolution passed by the Executive Magistrate in the Peace
Committee Meeting. Despite that the same has been passed allowing the name
of the bus stop to be named only as Perperiyankuppam Village Panchayat, the
people belonging to Muthandikuppam Village Panchayat since had objected, on
whose behalf the appellant / writ petitioner, who belongs to Muthandikuppam,
had filed the said writ petition challenging the Peace Committee Resolution
dated nil 05.2025 passed by the third respondent / Tahsildar.
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8. While disposing the said writ petition through the impugned order, the
writ Court has confirmed the action taken by the third respondent in passing
such resolution, thereby, the name board of the bus stop be continued as
Perperiyankuppam Village Panchayat alone without the name of
Muthandikuppam. Therefore, aggrieved over the same, the present intra Court
appeal has been directed.
9. We have gone through the proceedings dated 09.10.2024 issued by the
District Collector where at the time of sanctioning the funds, the work to be
undertaken for constructing the bus stop has been mentioned only as
"ngh;bghpahd;Fg;gk; Cuhl;rp Kj;jhz;of;Fg;gk; filtPjpapy; etPd
ngUe;J epiyak; fl;Ljy;" which means construction of bus stop at
Bazaar Street of Muthandikuppam at Perperiyankuppam Village Panchayat.
10. Therefore, primarily, the bus stop was constructed at
Muthandikuppam Bazaar Street, but that comes within the jurisdiction of
Perperiyankuppam Village Panchayat.
11. When that being the position, normally when such kind of bus stop is
constructed in order to identify the place where exactly the bus stop is located
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for the purpose of commuters who are utilizing the public transport for taking
the transport facilities or being an alighting point, that kind of name be given to
the bus stop.
12. When that being the position, as per the work order already been
sanctioned by the District Collector dated 09.10.2024, the name of the bus stop
also to be fixed only in consonance with the sanction already been made by the
District Collector where the bus stop since has been constructed only at the
Bazaar Street of Muthandikuppam of course within the Village Panchayat of
Perperiyankuppam, the bus stop shall be named only as "Perperiyankuppam
Village Panchayat at Muthandikuppam Bazaar Street bus stop", that will be
denoting the name of both Perperiyankuppam Village Panchayat as well as
Muthandikuppam Village, thereby, the request of both the parties can be met.
13. However, the learned Judge through the impugned order since has
approved the decision taken by the third respondent / Tahsildar who in fact has
no jurisdiction in naming the bus stop having been constructed in the Village
Panchayat as that power is vested only with either the Executive Authority of
the Village Panchayat or Block Development Officer concerned of Panchayat
Union, we are inclined to dispose of this writ appeal with the following orders:
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That the impugned order passed by the writ Court is set aside and as a sequel, there shall be a direction to the second respondent to name the bus stop constructed at the Bazaar street of Muthandikuppam in Perperiyankuppam Village Panchayat as "Perperiyankuppam Village Panchayat Muthandikuppam Bazaar Street Bus Stop". Such name board be installed in the bus stop by the second respondent within a period of one week from the date of receipt of a copy of this judgment.
14. With these directions, this Writ Appeal is ordered accordingly.
However, there shall be no order as to costs. Consequently, connected
miscellaneous petition is closed.
(R.S.K., J.) (S.S., J.)
25.10.2025
NCC : Yes / No
Index : Yes / No
Speaking Order : Yes / No
vji
Note: Issue order copy by 27.10.2025.
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To
1. The District Collector,
Office of the District Collector,
Cuddalore District.
2. The Block Development Officer,
Office of the Block Development Officer,
Panruti Block & Taluk,
Cuddalore District.
3. The Tahsildar,
Office of the Tahsildar,
Panruti Taluk,
Cuddalore District.
4. The Zonal Officer,
Tamil Nadu Transport Corporation
Villupuram Limited,
Cuddalore District.
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R.SURESH KUMAR, J.
and
S.SOUNTHAR, J.
vji
and
25.10.2025
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