Citation : 2025 Latest Caselaw 554 Tel
Judgement Date : 23 July, 2025
THE HONOURABLE SMT JUSTICE T.MADHAVI DEVI
W.P.NO. 6667 OF 2025
ORDER:
In this writ petition, the petitioners are seeking a direction
to the respondents No.2 to 4 to consider their representation
dated 23.10.2024 and to initiate action to bifurcate the
Narsimhapuram Village from Chetlachennaram
Grampanchayath and to merge it with Thoragal
Grampanchayat, to get the welfare and developmental activities
of the villages and to pass such other order or orders in the
interest of justice.
2. Learned counsel for the petitioners submitted that
pursuant to the representation of the petitioners, the
Grampanchayath of Chetlachennaram has also passed a
resolution for excluding the said Narsimhapuram Village from
Chetlachennaram Grampanchayath and to merge it with
Thoragal Grampanchayath and thereafter the District
Panchayat Officer vide letter dated 23.01.2025 has required the
Mandal Parishad Development Officer (MPDO) to examine the
representation of the villagers of Narsimhapuram Village and to
submit the proposals in the prescribed formats along with the
Map i.e., Annexure-I, II, III & IV, within three days for further
course of action. It is submitted that no further action has been
taken by the MPDO thereafter.
3. Learned Government Pleader, however, submitted
that when a representation is made by the petitioners, it is for
the Government to take a decision and that before issuing a
notification, it shall give a notice to the Grampanchayaths,
which would be affected by such bifurcation and therefore, it is
not at the behest of the petitioners that the Grampanchayat
would be bifurcated. He relied upon the G.O.Ms.No.542, dated
03.12.2007 for the procedure to be followed for establishment or
bifurcation of the Gram Panchayath. He also placed reliance
upon the judgment of the Division Bench of this Court in Writ
Petition (PIL).No.141 of 2018, dated 12.06.2018 to the effect
that it is only the Government which can take a decision on the
bifurcation, as it is a policy decision.
4. Having regard to the rival contentions and the
material on record, this Court finds that the representation of
the petitioners has been pending from September, 2024 and the
respondent authorities have also called for proposals in the
prescribed formats along with a Sketch Map. The MPDO i.e.,
respondent No.5 seems to have not sent the proposals as
required and therefore, the matter is not placed before the
Government for consideration. Therefore, this Court deems it fit
and proper to direct the respondent No.5 to send the proposals,
if feasible, and thereafter, the Government shall take a decision
in accordance with law expeditiously.
5. Accordingly, the writ petition is disposed of. There
shall be no order as to costs.
6. Miscellaneous petitions, if any, pending in this writ
petition, shall stand closed.
____________________________ JUSTICE T.MADHAVI DEVI Date: 23.07.2025 bak
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