Judgment:
(Prayer: Writ Appeal filed under Clause 15 of Letters Patent against the order dated 26.08.2013 made in W.P.(MD)No.13150 of 2013.)
M.V. Muralidaran, J.
1. Challenging the order passed by the learned Single Judge in W.P.No.13150 of 2013, dated 26.08.2013, the third party / appellant has filed this Writ Appeal.
2. Originally the 4th respondent herein Mr.P.Pallikonda Perumal, who is a writ petitioner in W.P.No.13150 of 2013 has filed the above writ petition for issuing a Writ of Mandamus to direct the Respondents 1 to 3 to record the name of the Village of the Petitioner as Chidambarapuram Panchayat in respect of Ward No.1 and 2 of Chidambarapuram-Jacobpuram Panchayat in Aadhar Card enrolment. The 4th respondent, who is the writ petitioner, belongs to the Chidambarapuram has filed this writ petition in W.P.No.13150 of 2013.
3. Considering their case, this Court by order dated 26.08.2013 passed the following order:
7. In view of that, it is clear that the petitioner's village consisting of Ward Nos.I, II, III, V, and VI, should be called as Chidambarapuram Panchayat and Ward Nos.VII and VIII are to be called as Jacobpuram Panchayat and Ward Nos.IV and IX are to be called as Marankulam village. If any Aadhar Card is required to be issued, with the above names only, it should be issued and not otherwise. Therefore, the respondents are directed to implement the order dated 20.12.2011 passed by the Secretary to Government or otherwise, no Aadhar Card should be issued.
After the order passed in the above writ petition, this appellant Mr.S.Arumaidas, who belongs to the Jacobpuram Village came to know about the order passed by this Court in the month of January 2014 in the above writ petition in WP(MD)No.13150 of 2013 on 26.08.2013. Thereafter, he filed this appeal along with leave petition in M.P.(MD)No.1 of 2014 in WA(MD)No.SR1770 of 2014 in WP(MD)No.13150 of 2013 by reason about the non impleading of any of the person belongs to the Jacobpuram and obtained the order on 26.08.2013 by the writ petitioner. Considering their case, this Court by order dated 07.02.2014 has granted leave for filing the appeal. Accordingly, this writ appeal was numbered and notice was ordered to all the four respondents.
4. The case of the 4th Respondent/writ petitioner is that the Panchayat of Chidambarapuram-Jacobpuram is consisting of four blocks namely, Block No.1 North of Chidambarapuram South Street; Block No.2 South of Chidambarapuram South Street; Block No.3 East of Jacobpuram Vedakoil; and Block No.4 Marankulam. In the above 4 Blocks, Block No.1 is called Ward No.1, Block No.2 is called Ward No.2, Blocks No.3 and 4 called as Ward No.3 and as such Ward Nos.1 and 2 are called as Chidambarapuram and Ward No.3 is called as Jacabpuram and Marankulam.
5. While being so, one Mr.Vetrivel Nadar along with Selvaraj and Sundaram filed a suit in O.S.No.7 of 2001 on the file of the Additional District Munsif Court, Valliyur under representative capacity on behalf of Chidambarapuram Hindus against the President of Panchayat for permanent injunction restraining the Panchayat from issuing any tax receipt in the name of Jacobpuram in respect of Ward No.1 and 2, which is called as Chidambarapuram and also for Mandatory Injunction. The writ petitioner/4th respondent also states that the said suit was decreed in favour of the said persons and restraining the Panchayat President from issuing any tax receipt in the name of the Jacobpuram in respect of Ward No.1 and 2 of Chidambarapuram-Jacobpuram Panchayat and also granted Mandatory Injunction and to issue tax receipt as Chidambarapuram only as per the Government records in respect of Ward No.1 and 2 of the Panchayat.
6. The writ petitioner/4th respondent also states that thereafter one Mr.G.Jebaraj along with Mr.P.Gnanaraj and Mr.T.Abel Vethamani has filed a suit in O.S.No.185 of 2001 before the Principal District Munsif, Valliyur under representative capacity against the Panchayat as well as against the District Collector for declaration to declare Ward No.2 is North Street of Jacobpuram and consequential injunction restraining the defendants therein from changing the name of Ward No.2 i.e. North Street of Jacobpuram into any other name and for mandatory injunction. But, the said suit was dismissed by the learned District Munsif, later on, Appeal was filed against the Judgment and Decree before the learned 2nd Additional Sub-Court, Tirunelveli in A.S.No.228 of 2005 and the same was also dismissed on 21.10.2005.
7. The 4th Respondent/writ petitioner also come forward by saying that thereafter by proceedings dated 03.08.2008 in A7/370/2008 the District Revenue Officer and District Collector incharge and Inspector of Panchayat, Tirunelveli has issued orders to implement the Civil Court decree in O.S.No.7 of 2001 on the file of the District Munsif Court, Valliyoor and the Government had also confirmed the name disputed in terms of Civil Court decree in Letter No.18908/PR2/2010-5 dated 20.12.2011. The writ petitioner/4th respondent also states that from the above order of Government, it would clearly establish that erstwhile Ward No.I and II of Chidambarapuram-Jacobpuram is now as Ward No.I, II, III, V and VI and they are at present Chidambarapuram hamlet in Chidambarapuram-Jacobpuram Panchayat. Therefore, as per the above Civil Court order the respondents 1 and 2 have no right to disturb the name of the Panchayat.
8. The 4th Respondent/writ petitioner also states that now at present the Government of India is preparing the Unique Identification Registration in the name of Aadhar Card, since the said scheme was implemented under the guidance of Planning Commission of India with the assistances of the State Government and also the Aadhar Card details were collected based on the Census Population report. The writ petitioner also states that the respondents 1 and 2 herein is the authorities implementing the Aadhar Scheme in Tirunelveli District and more particularly in Chidambarapuram-Jacobpuram Panchayat. The issue in respect of the petitioner's area namely Ward No.2, the name of Panchayat is settled as Chidambarapuram Panchayat by Civil Court decrees and as well as by Government Orders.
9. The writ petitioner/4th respondent also states that on 02.08.2013 in his area the Aadhar Card details are collected based on the already existing data's and therefore in the Data's stored by the Respondents the petitioner's name and address were mentioned, but the name of his village has not mentioned as Chidambarapuram Panchayat. In fact, the third respondent had given instruction that the name of the Village can be given by their will and wish of the people of Ward No.2 of Chidambarapuram. Therefore, the petitioner had sent a representation dated 03.08.2013 to the respondents, but no action was taken. Hence, he approached this Court and filed the writ petition for the prayer to issue a Writ of Mandamus directing the Respondents 1 to 3 to record the name of the Village of the Petitioner as Chidambarapuram Panchayat in respect of Ward No.1 and 2 of Chidambarapuram-Jacobpuram Panchayat in Aadhar Card enrolment.
10. In the writ petition, no counter affidavit was filed, but the writ petition was disposed on 26.08.2013 by the learned Single Judge of this Court by stating that as per the decree obtained by the writ petitioner in O.S.No.7 of 2001, on the file of the learned Additional District Munsif, Valliyoor in para-14, which is stated as follows:
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11. The learned Judge also states that the Secretary to Government by the proceedings dated 20.12.2011, informed that Ward Nos.I, II, III, V and VI are located in Chidambarapuram Panchayat and Ward Nos.VII and VIII are located in Jacobpuram Panchayat and Ward Nos.IV and IX are located in Marankulam Village and the relevant portion of the said proceedings, reads as follows:
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12. Therefore, considering the above facts, the learned Judge has passed order that the petitioner's village consisting of Ward Nos.I, II, III, V and VI, should be called as Chidambarapuram Panchayat and Ward Nos.VII and VIII are to be called as Jacobpuram Panchayat and Ward Nos.IV and IX are to be called as Marankulam Village. If any Aadhar Card is required to be issued, with the above names only, it should be issued and not otherwise, and the learned Single Judge also directed the respondents to implement the order dated 20.12.2011 passed by the Secretary to Government or othewise, no Aadhar Card should be issued.
13 .On knowing about the said order passed by the learned Single Judge of this Court, this appellant Mr.S.Arumaidas, who belongs to Jacobpuram Panchayat has approached this Court and filed the above Writ Appeal with the leave petition before this Court.
14. The case of the appellant is that he is the native of Jacobpuram and he is residing at No.141, Jacobpuram South Street, Jacobpuram Post, Tirunelveli District. In the said Jacobpuram Village, there are schools, library, church, etc., from time memorial, the name of Jacobpuram is used all the proceedings of the Village Panchayat. He also states that recording the same a resolution has been passed on 18.04.1988 itself in the village panchayat and in the year 1988 when the voter list was published from the Chidambarapuram- Jacobpuram Panchayat, the second ward mentioned as Jacobpuram Panchayat.
15. The appellant also come forward by saying that in the said circumstances, the Chidambarapuram-Jacobpuram Panchayat President has instituted a suit in O.S.No.7 of 2001 before the District Munsif Court, Valliyoor, for declaration to remove the name of Jacobpuram. The said suit in O.S.No.7 of 2001 was fraudulently filed by the then Village Panchayat by way of arraying persons of his choice collusively as defendants with ulterior motive to deceive the people of Jacobpuram Village. But, the said Panchayat President has not implead the necessary parties as the defendants namely, the representative of the Jacobpuram. But, he obtained a decree in favour of the then Village Panchayat President. Aggrieved by the said Judgment and Decree in O.S.No.7 of 2001, on behalf of the petitioner/villager one Mr.Chelladurai and other residents of Jacobpuram filed suit in O.S.No.304 of 2006, before the Additional District Munsif Court, Valliyoor.
16. The suit filed by the appellants/Jacobpuram Panchayat people in O.S.No.304 of 2006 was decreed in favour of them on 30.09.2013 by declaring the Judgment and Decree obtained by the then Chidambarapuram-Jacobpuram Village Panchayat President in O.S.No.7 of 2001, on the file of the Additional District Munsif Court, Valliyoor, is null and void and also the consequent permanent injunction was granted directing the 6th defendant not to enforce the judgment and decree passed in O.S.No.7 of 2001 in any manner. But, suppressing all these facts, the writ petitioner/4th respondent herein has filed the present writ petition in W.P.(MD)No.13150 of 2013 before this Court without impleading the representative of the Jacobpuram.
17. The appellant also come forward by saying that the writ petitioner/ 4th respondent also not implead any of the villagers of the Jacobpuram, but he filed the above writ petition by relying upon the judgment and decree passed in O.S.No.7 of 2001 and purposely suppressing pendency of the said suit in O.S.No.304 of 2006, which was later on decreed in favour of the Jacobpuram Village people on 30.09.2013 by set aside the Judgment and Decree in O.S.No.7 of 2001.
18. Therefore, challenging the order passed in W.P.(MD)No.13150 of 2013, this appellant has filed present appeal on the ground that the order in W.P.(MD)No.13150 of 2013 dated 26.08.2013 passed by learned Single Judge is affecting the interest of the Jacobpuram village and failed to note that the writ petitioner has filed the instant writ petition without impleading any representatives of the Jacobpuram Village.
19. This appellant also raised the ground that while filing the above writ petition, the suit was filed by this appellant/Jacobpuram village people in O.S.No.304 of 2006 was pending but the same was not mentioned in the writ petition by the 4th Respondent/writ petitioner, since the Chidambarapuram peoples are the parties in the said suit in O.S.No.304 of 2006.
20. The appellant also raised another ground that the suit in O.S.No.7 of 2001 was fraudulantly filed by the then Village Panchayat President obtained decree by way of arraying persons of his choice collusively as defendants with ulterior motive to deceive the people of the Jacobpuram Village. The appellant also states that if the writ petitioner/4th respondent would brought to the notice of the learned Single Judge about the pendency of the suit in O.S.No.304 of 2006, which was challenging the judgment and decree in O.S.No.7 of 2001, the learned Judge would not passed the order dated 26.08.2013. Therefore, the writ petitioner/4th respondent has wilfully suppressed the pendency of the Original Suit in O.S.No.304 of 2006, which is a vital factor for determining the issue involved in the writ petition. Therefore, he prayed this Court to set aside the order in W.P.(MD)No.13150 of 2013 dated 26.08.2013.
21. We heard Mr.T.Lajapathi Roy, learned counsel appearing for the appellant, Mr.S.Chandrasekar, learned Government Advocate appearing for the respondents 1 to 3 and Mr.Jameel Arasu, learned counsel appearing for the fourth respondent and perused the records.
22. On perusal of the records, we came to know that one Mr.Vetrivel Nadar and others filed a suit in O.S.No.7 of 2001 before the Additional District Munsif Court, Valliyur, by impleading the Chidambarapuram-Jacobpuram Panchayat President alone and they have not impleaded any representatives belongs to the Jacobpuram,since the plaintiff in O.S.No.7 of 2001 are all belongs to the Chidambarapuram Village. Thus being the case, writ petitioner must have implead any representative belongs to the appellant Jacobpuram Village.
23. Apart from this, the writ petitioner/4th respondent purposely suppressed the filing of the suit in O.S.No.304 of 2006, which was filed challenging the decree passed in O.S.No.7 of 2001 and the learned Single Judge has passed the order based on the decree in O.S.No.7 of 2001 that the petitioner's village consisting of Ward Nos.1, 2, 3, 5 and 6 should be called as Chidambarapuram Panchayat and Ward Nos.7 and 8 are to be called as Jacobpuram Panchayat and Ward Nos.4 and 9 are to be called as Marankulam Village. If any Aadhar Card is required to be issued with above names only it should be issued and not otherwise. Therefore, the respondents are directed to implement the order dated 20.12.2011 passed by the Secretary to the Government or otherwise, no Aadhar Card should be issued.
24. We gone through the order passed by the learned Single Judge, dated 26.08.2013 in W.P.(MD)No.13150 of 2013 in which para-5, the learned Single Judge stated that in para-5 as follows:
5. Paragraph 14 of the Civil Court decree in O.S.No.7 of 2001 on the file of the learned Additional District Munsif, Valliyoor, reads as follows:
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25. It is also brought to our notice that pursuant to the decree passed in O.S.No.7 of 2001, the first respondent/Secretary to Government also passed the order on 20.12.2011 in which it was stated as follows:
6. Subsequently, the Secretary to Government by the proceedings dated 20.12.2011, informed that Ward Nos.I, II, III, V, VI are located in Chidambarapuram Panchayat and Ward Nos.VII and VIII are located in Jacobpuram Panchayat and Ward Nos.IV and IX are located in Marankulam village and the relevant portion of the said proceedings, reads as follows:
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26. In the said order dated 20.12.2011, the first respondent/Secretary to Government has stated that the Ward Nos.1, 2, 3, 5 and 6 are located at Chidambarapuram Panchayat and Ward Nos.7 and 8 are located at Jacobpuram Panchayat and Ward Nos.4 and 9 are located at Marankulam Village. Recording the said order passed by the first respondent/Secretary to Government, dated 20.12.2011, the learned Judge has passed the order and directed the first respondent to implement the order dated 20.12.2011.
27. On perusal of records, it is made clear that only based on the decree passed in O.S.No.7 of 2001 order passed in W.P.(MD)No.13150 of 2013 by relying upon the said decree on 26.08.2013. If at all either the writ petitioner/4th respondent or the respondents 1 to 3 and brought to the notice of the learned Single Judge about the pendency of the suit in O.S.No.304 of 2006, challenging the decree passed in O.S.No.7 of 2001, the learned Single Judge has not passed the order on 26.08.2013 in the above writ petition.
28. Apart from this, the first respondent/Secretary has passed the order in Letter No.18908/Pa.Ra.2/2010-5 dated 20.12.2011 only based on the decree passed in O.S.No.7 of 2001. The relevant portion of the order of the first respondent dated 20.12.2011 is as follows:-
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29. During the course of the arguments, the learned counsel appearing for the appellant also brought to our notice that the said suit filed by the representative of the Jacobpuram Panchayat in O.S.No.304 of 2006 was decreed on 30.09.2013 on merit by declaring the decree in O.S.No.7 of 2001 as null and void on the ground that the decree in O.S.No.7 of 2001 was obtained without impleading the necessary parties belongs to the Jacobpuram Panchayat. Therefore, the order of the first respondent dated 20.12.2011 also automatically not valid in the eye of law since the said order dated 20.12.2011 was passed by the first respondent based on the decree in O.S.No.7 of 2001. The Decree in O.S.No.304 of 2006 dated 30.09.2013 is follows:-
In the result this suit is decreed with cost in the following term,
1. It is hereby declared that the judgment and decree passed in O.S.7/01 on the file of the Additional District Munsif court, Valliyoor is null and void and
2. Consequential permanent injunction is granted directing the 6th defendant not to enforce the judgment and decree passed in O.S.7/01 in any manner.
30. Apart from this, the writ petitioner/4th respondent also not produced any document to show whether any appeal has been filed against the judgment and decree passed in O.S.No.304 of 2007 dated 30.09.2013. Therefore, the appellant has putforth the case before us that the said judgment and decree passed in O.S.No.304 of 2007 dated 30.09.2013 is final and as on date there was no appeal against the said decree in O.S.No.304 of 2007. Therefore, in our consider opinion, the order of the learned Single Judge in W.P.(MD)No.13150 of 2013 dated 26.08.2013, which was passed only based on the decree passed in O.S.No.7 of 2001 was subsequently, set aside by the very same District Munsif, Valliyoor in O.S.No.304 of 2006 dated 30.09.2013 and hence, the writ petition is liable to be dismissed.
31. Accordingly, the writ appeal is allowed by setting aside the order in W.P.(MD)No.13150 of 2013 dated 26.08.2013, passed by the learned Single Judge and the writ petition is dismissed without cost. Consequently, connected miscellaneous petition is closed.