Madras High CourtWP/2607/2023dismissed

Kaliyannan v. The Inspector Of Panchayats

2023-02-02Honourable Mr Justice N. Sathish Kumar4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 02.02.2023

CORAM

THE HONOURABLE MR.JUSTICE N. SATHISH KUMAR W.P.No. 2607 of 2023 Kaliyannan .. Petitioner

Versus

1.The Inspector of Panchayats/ The District Collector Namakkal District 2.The Block Development Officer (VP) Elachipalayam Panchayat Union Namakkal District 3.K.Yuvarani .. Respondent Prayer:Writ Petition filed under Article 226 of the Constitution of India to issue a Writ of Mandamus, to direct the first respondent to initiate appropriate action on the complaint dated 27.08.2022, given by the petitioner and 5 other ward members.

For Petitioner : Mr.E.P.Senniyangiri For Respondents : Mrs.R.Anith for R1 Special Government Pleader Mr.K.Karthikeyan for R2 and R3 Government Advocate 1/4

ORDER

This Petition has been filed seeking to direct the first respondent to initiate appropriate action on the complaint dated 27.08.2022, given by the petitioner and 5 other ward members.

2. The main grievance of the writ petitioner is that he is the ward member of the Elachipalayam Panchayat Union and there are serious of disputes between the ward members and the third respondent. Despite, the complaint given to the official respondents, no action has been taken. Hence, this writ petition.

3. Heard both sides and perused the materials placed on record. This Court is of the view that merely being a member, the petitioner, as a matter of right, cannot seek directions to initiate action under Sections 205 or 206 of Tamil Nadu Panchayat Act, 1994. Such power can be exercised by the District Collector/first respondent either by suo moto or by a Resolution passed by 2/3rd majority of the concerned local body. Without that being done so, there cannot be any automatic directions. 2/4

4. Such view of the matter, the petitioner's relief cannot be granted, hence, this petition is liable to be dismissed. However, it is well open to the Collector to conduct independent enquiry and take action as per law.

5. With the above directions, this writ petition stands dismissed. No costs.

02.02.2023 dhk Index : Yes / No Speaking Order : Yes / No To 1.The Inspector of Panchayats/ The District Collector Namakkal District 2.The Block Development Officer (VP) Elachipalayam Panchayat Union Namakkal District 3/4

N.SATHISH KUMAR, J.

dhk 02.02.2023 4/4