Mariyanayagam v. The District Collector

O R D E R This Writ Petition has been filed seeking for issuance of a Writ of Mandamus forbearing the respondents not to alter or change the name of the village from "Kombuthurai" to "Kadayakudi" at Thiruchendur Taluk, Thoothukudi District at the instance of 5th respondent.

2.Heard Mr.M.Maharaja, learned Counsel appearing on behalf of the petitioner, Mr.A.K.Manikkam, learned Special Government Pleader appearing on behalf of the respondents 1 to 3, Mr.Nirmalkumar, learned Counsel for the fourth respondent and Mr.A.D.Ganeshamoorthi, learned Counsel for the fifth respondent.

3.The case of the petitioner is that the village has been identified as Kombuthurai for centuries together and there were Government documents/records available to substantiate the same. While so, the fifth respondent was making an attempt to change the name of the village from Kombudurai to Kadayakudi. In this regard, the fifth respondent also filed a Writ Petition before this Court in W.P.(MD)No.14030 of 2020. This Court, while considering the said Writ Petition, disposed of the Writ Petition by order dated 09.10.2020 in the following terms: "5. No prejudice will be caused to the respondents, if the representation given by the petitioner is considered by them on merits and in accordance with law after hearing the necessary parties. Therefore, this Court directs the first respondent to consider the representation, dated 25.07.2020 of the petitioner seeking for changing the name of the village from 'Kombuthurai' to 'Kadayakudi' after hearing all the necessary parties and pass final orders within a period of eight weeks from the date of receipt of a copy of this order."

4.The grievance of the petitioner is that this Court had specifically directed the official respondents to call for the objections from all the interested parties and thereafter, to deal with the representation made by the fifth respondent and whereas, hasty steps were taken by the official respondents to change the name of the village as "Kadayakudi". Aggrieved by the same, the present Writ Petition has been filed before this Court.

5.When the matter was taken up for hearing, it was brought to the notice of this Court that the third respondent through communication dated 20.01.2021 had already made a recommendation to the first respondent to change the name of the village as Kadayakudi. For proper appreciation, the recommendation made by the Tahsildar is extracted hereunder: "Nkw;fz;l Mtzq;fs; cz;ik jd;ik Fwpj;J Ma;T nra;ag;gl;lJ. tUtha; Jiw fpuhk m-gjpNtl;by; Nkw;gb Cu; mike;Js;s Gy vz;.315-y; fpuhk ej;jk; filaf;Fb vd gjpT nra;ag;gl;Ls;sJ. fle;j 16.11.2020 md;W ntspapg;gl;l thf;fhsu; gl;baypy; fhay;gl;bzk; filaf;Fb thu;L 1 vd gjpT nra;ag;gl;Ls;sJ. Nkw;gb gFjpapy; cs;s kf;fs; filaf;Fbapy; mike;Js;s xU njUtpy; cs;s xU gpuptpdu; kl;Lk; nfhk;GJiw vd ngau; gyif

itj;Js;sJld;

FLk;g

ml;ilapYk; nfhk;GJiw vd gjpT nra;Js;sdu;. kDjhuh; Nfhupf;ifapd; gb FLk;g ml;ilfspy; filaf;Fb vd gjpT nra;a gupe;Jiu nra;fpNwd;. NkYk; filaf;Fbapy; VO njUf;fspy; fpwp];jt gutu; kf;fs; Rkhu; 200 FLk;gq;fs; trpj;J tUtjhy; Nkw;gb mike;Js;s gFjpia thu;L vz; 1 filaf;Fb vd FLk;g ml;ilfspy; gjpT nra;ayhk;. NkYk; nfhk;GJiw vd;w ngau; Rkhu; 50 tUl fhykhf Ngr;R tof;fpy; ,Ue;J tUfpwJ vd;gijAk; gzpe;J njuptpj;Jf;nfhs;fpNwd;."

6.Pursuant to the above recommendation made by the third respondent through communication dated 20.01.2021, the same was acted upon by the first respondent and the first respondent through proceedings, dated 04.02.2021, had informed the Commissioner of Kayalpattinam Municipality, as follows: "J}j;Jf;Fb khtl;lk;> jpUr;nre;J}u; tl;lk;> "nfhk;Gj;Jiw" fpuhkj;jpd; ngaiu "flaf;Fb" vd muR Mtzkhd Mjhu; kw;Wk; FLk;g ml;ilapy; ngau; khw;wk; nra;af; Nfl;L> jpU.S.A.];Bgd; gl;lq;fl;bahu; vd;gtu; nrd;id cau;ePjpkd;w kJiuf; fpisapy; jhf;fy; nra;j kD vz; W.P.(MD)No.14030 of 2020 ehs; 09.10.2020 d;gb kDjhuu; Nfhupf;ifapd; kPJ 8 thu fhyj;jpw;Fs; ,Wjp cj;juT gpwg;gpf;fj; njuptpf;fg;gl;Ls;sJ. ,e;Neu;tpy; ghu;it 2y; fhZk; jq;fsJ fbjj;jpy;> jpU.];Bgd; gl;lq;fl;bahu; vd;gtu; njhlu;e;j tof;F vz; 14030/2020 ehs; 09.10.2020d;gb fhay;gl;bzk; efuhl;rp gFjpapy; cs;s njUtpd; ngauhd nfhk;GJiw vd;gjid filaf;Fb vd khw;wk; nra;tJ njhlu;ghd tof;fpy;> jpUr;nre;J}u; tUtha; fpuhkk;. tl;lhl;rpau; mtu;fshy; toq;fg;gl;l Nju;jy; thf;fhsu; gl;bay;gb> me;j ,lj;jpd; ngau; Vw;fdNt filaf;Fb vd;Nw cs;sJ. vdNt Nkw;gb ,lj;jpd; ngaupid vt;tpj khw;wKk; nra;aj; Njitapy;iy vd mwpf;if nra;ag;gl;Ls;sJ."

7.In the light of the above developments, the relief sought for by the petitioner cannot be granted by this Court, since the change of the name of the village has already been given effect, even before the order of injunction was passed by this Court on 29.07.2021. In view of the same, if the petitioner is aggrieved, he has to necessarily challenge the recommendation made by the Tahsildar and the proceedings of the District Collector through which the name of the village has already changed as Kadayakudi. Except giving this liberty, no further orders can be passed in this Writ Petition.

8.This Writ Petition is disposed of in the above terms. No costs. Consequently, connected miscellaneous petitions are closed.

Index :Yes / No

06.11.2023 Internet :Yes NCC : Yes/No cmr To

1.The District Collector, Collectorate Complex, Thoothukudi District, Thoothukudi.

2.The Revenue Divisional Officer, Thiruchendur, Thoothukudi District.

3.The Tahsildar, Thiruchendur, Thoothukudi District.

N.ANAND VENKATESH, J.

cmr

06.11.2023

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 06.11.2023 CORAM THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH and W.M.P.(MD)Nos.10058 and 11967 of 2021 Mariyanayagam ... Petitioner vs. 1.The District Collector, Collectorate Complex, Thoothukudi District, Thoothukudi. 2.The Revenue Divisional Officer, Thiruchendur, Thoothukudi District. 3.The Tahsildar, Thiruchendur, Thoothukudi District. 4.The Commissioner, Kayalpattinam Municipality, Thoothukudi District. 5.S.A.Stephen Pattamgattiar ... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Mandamus, directing the respondents not to alter or change the name of petitioner's village from "Kombuthurai" into "Kadayakudi" of Kayalpattinam South part, Thiruchendur Taluk, Thoothukudi District at the instance of 5th respondent or any other person in any manner. For Petitioner :Mr.M.Maharaja For R1 to R3 :Mr.A.K.Manikkam Special Government Pleader For R4 :Mr.Nirmalkumar For R5 :Mr.A.D.Ganeshamoorthi *****