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Madras High CourtWP/4294/2022disposed of

P.Moorthy v. The District Collector

2023-01-23Honourable Mr Justice N. Sathish Kumar5 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 23.01.2023

CORAM:

THE HONOURABLE MR.JUSTICE N.SATHISH KUMAR WP.No.4294 of 2022 P.Moorthy ... Petitioner Vs

1. The District Collector, Collectorate, Tiruppur - 641 604.

2. The Deputy Collector, Town and Country Planning Department Officer, Kumaran Commercial Complex, First Floor, Municipality Building, Near Railway Station, Tiruppur - 641 601.

3. The Assistant Director [Panchayaths], Room No.314, 3rd Floor, District Collector Office Campus, Tiruppur - 641 601.

4. The Block Development Officer, [Panchayaths], Block Development Office, Kangeyam - 638 701.

5. Rasu @ Shanmugasekar ... Respondents Prayer:- Writ Petition is filed, under the Article 226 of Constitution of India, to issue a Writ of Mandamus directing the respondents 1, 3 and 4 to recover a sum of Rs.99,10,553/- from the fifth respondent and also to 1/5

initiate necessary criminal proceedings against the fifth respondent for causing loss to the Panchayat by considering the petitioner's representation dated 24.11.2021.

For Petitioner : Mr.P.Kannan Kumar For Respondents : Mr.K.M.D.Muhilan, Addl. Government Pleader - R1 to R3 Mr.T.Venkatesh Kumar - R4 Mr.M.N.Balakrishnan - R5

ORDER

This Writ Petition has been filed to direct the respondents 1, 3 and 4 to recover a sum of Rs.99,10,553/- from the fifth respondent and also to initiate necessary criminal proceedings against the fifth respondent for causing loss to the Panchayat by considering the petitioner's representation dated 24.11.2021.

2. The only grievance of the petitioner is that as per the proceedings against the fifth respondent loss has been caused to the panchayat and in this regard audit objections has also been submitted, despite the same, no 2/5

action has been taken by the first respondent.

3. The fourth respondent has filed a counter stating that the official respondents are taking proper and appropriate action against the fifth respondent for causing loss to the panchayat and the loss caused would be recovered from the fifth respondent in the manner known to law.

4. In such view of the matter, the first respondent shall take appropriate action as per the audit report and the same shall be done as per law without any further delay.

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

23.01.2023 Index:Yes/No vrc To, 3/5

1. The District Collector, Collectorate, Tiruppur - 641 604.

2. The Deputy Collector, Town and Country Planning Department Officer, Kumaran Commercial Complex, First Floor, Municipality Building, Near Railway Station, Tiruppur - 641 601.

3. The Assistant Director [Panchayaths], Room No.314, 3rd Floor, District Collector Office Campus, Tiruppur - 641 601.

4. The Block Development Officer, [Panchayaths], Block Development Office, Kangeyam - 638 701. 4/5

N.SATHISH KUMAR, J.

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