P.Priya v. The Government Of Tamilnadu

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 10.03.2022

CORAM:

THE HONOURABLE MS.JUSTICE V.M.VELUMANI W.P.No.5428 of 2022 P.Priya .. Petitioner Vs.

1.The Government of Tamil Nadu, Rep. By the Secretary to Government, Panchayat Union Department, Chennai 600 009.

2.The District Collector, Office of the Collectorate, Villupuram, Villupuram District.

3.The Assistant Director, Villupuram Panchayat Union Office, Villupuram District.

.. Respondents Prayer: Writ Petition is filed under Article 226 of the Constitution of India, praying for issuance of a Writ of Mandamus directing the respondents to consider the petitioner's representation dated 24.01.2022 and dispose the same within the time as stipulated by this Court.

For Petitioners : Mr.A.Sonal for M/s.G.Veerapathiran For Respondents : Mr.S.Ravikumar, Special Government Pleader

O R D E R

This Writ Petition is filed seeking a direction to the respondents to consider the petitioner's representation dated 24.01.2022 and dispose the same within the time as stipulated by this Court.

2.By consent of the learned counsel appearing for the petitioner as well as Mr.S.Ravikumar, learned Special Government Pleader who takes notice for the respondents, the Writ Petition

is taken up for final disposal at the admission stage itself. 3.According to the petitioner, she is one of the elected member from 7th Ward of Melmalayanur Panchayat Union, Melmalayanur Village, Villupuram District. On 06.01.2022, the President of Panchayat Union called all the members to attend regular Council meeting on 20.01.2022 in Panchayat Community Hall to discuss about the issues mentioned in the annexures. On the date of meeting, in the place meant for Councilors and attenders, third parties were sitting and entire hall was filled with some third parties. When the petitioner put questions to the President, one Seralathan, who belongs to other political party and contested against the petitioner in the election, was answering the questions put up by the petitioner.

Similarly, the said Seralathan was answering the questions put by other Councilors also. He is not a member of Union Council and he has no right to attend the meeting. When the petitioner put a question for development of their Ward, one Yasodharai, the Councilor tried to attack the petitioner and prevented her from raising questions. In such circumstances, the petitioner gave a complaint dated 24.01.2022 to the 2nd respondent, stating all the above facts, enclosing the photographs and videos, to cancel the resolution passed in the meeting held on 20.01.2022 and to give protection for the Councilors to attend the meeting in future. Since the complaint was not considered by the 2nd respondent, the petitioner has come out with the present Writ Petition. 4.

Heard the learned counsel appearing for the petitioner as well as the learned Special Government Pleader appearing for the respondents and perused the entire materials available on record.

5.Considering the above materials and the documents enclosed in the typed set of papers, without deciding the issue on merits, it is suffice to direct the 2nd respondent to consider the representation of the petitioner and pass orders on merits and in accordance with law, after giving opportunity to the petitioner, within a period of four weeks from the date of receipt of a copy of this order.

With the above direction, the Writ Petition is disposed of. No costs.

Sd/- Assistant Registrar(CS-II) //True Copy// Sub Assistant Registrar

gsa To 1.The Secretary, Panchayat Union Department, Chennai 600 009.

2.The District Collector, Office of the Collectorate, Villupuram, Villupuram District.

3.The Assistant Director, Villupuram Panchayat Union Office, Villupuram District.

+1cc to Mr.Veerapathiran, Advocate, S.R.No.16130 +1cc to the Government Pleader, S.R.No.17000 W.P.No.5428 of 2022 MG(CO) SB(21/03/2022)