C.Saravanan v. The District Collector
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 24.02.2025
CORAM
THE HON'BLE MR.JUSTICE J.SATHYA NARAYANA PRASAD C.Saravanan ... Petitioner vs.
1 The District Collector/ The Inspector of Panchayat, Collector Office, Coimbatore 641 018.
2. The Assistant Director of Rural Development (Audit), Collector Office Campus, Coimbatore 641 018.
3. The Assistant Director of Rural Development(Panchayat), Collector Office Campus, Coimbatore 641 018.
4. The Block Development Officer, BDO Office, Sulur Block, Coimbatore 641 402.
5. R.Selvaraj .. Respondents Writ Petition filed under Article 226 of the Constitution of India for issuance of a writ of Mandamus directing the 1st respondent to consider the petitioner's representation dated 05.02.2025 and to take disciplinary action against the 3rd respondent and to direct the 3rd respondent to pass orders in proceedings under Section 205 of the Tamil Page No.1 of 6
Nadu Panchayat Act against the 5th respondent within any stipulated time fixed by this Court.
For Petitioner : Mr. S.Nagarajan For R1 to R3 : M/s.R.L.Karthika Govt.Advocate For R4 : M/s.Mythere Chandru
O R D E R
The present writ petition has been filed to direct 1st respondent to consider the petitioner's representation dated 05.02.2025 and to take disciplinary action against the 3rd respondent and to direct the 3rd respondent to pass orders in proceedings under Section 205 of the Tamil Nadu Panchayat Act against the 5th respondent .
2. It is the case of the petitioner that one Mr.S.Arumugam applied for planning permission for putting up three separate Godowns measuring an extent o 5719.25 sq.ft. before the 5th respondent. However, the 5th respondent has given the planning permission by violating the rules of the Tamil Nadu Town and Country Planning Act, 1971 and also fixed the underrated tax. After the approval, the said M.S.Arumugam has started the construction work for an industry in the name M/s.Activ Aluminum Page No.2 of 6
Alloy. After that, the 4th respondent conducted an enquiry and filed report before the 3rd respondent stating that the 5th respondent fixed a underrated tax and caused loss to the department. Further, the 2nd respondent also conducted enquiry and filed a report against the 5th respondent before the 2nd respondent in which, it was suggested that the action against the 5th respondent under Section 205 of the Tamil Nadu Panchayat Act, 1994.
3. It is further case of the petitioner that action against the 5th respondent is only initiated on 20.09.2024, but the 3rd respondent informed this Court on 19.01.2024 that already the action was initiated.. Though the 2nd respondent filed his report on 19.06.2023 before the 3rd respondent, the 3rd respondent did not initiate action and keeping the file pending without passing orders in the proceedings. Therefore, the petitioner had sent a letter dated 05.02.2025 to the 1st respondent to take disciplinary action against the 3rd respondent. But the 1st respondent did not take action against the 3rd respondent. Hence, the petitioner has come forward with the present writ petition.
4. The learned counsel appearing for the petitioner submitted that the Page No.3 of 6
petitioner has given a representation dated 05.02.2025 to take disciplinary action against the 3rd respondent and to direct the 3rd respondent to pass orders in proceedings under Section 205 of the Tamil Nadu Panchayat Act, 1994 against the 5th respondent .
5. The learned Government Advocate appearing for the respondents 1 to 3 submitted that the proceedings have been initiated under Section 205 of the Tamil Nadu Panchayat Act, 1994 by the first respondent, District Collector on 21.02.2025 and the same will be completed within a stipulated time
6. Heard the learned counsel appearing on either side and also perused the materials available on records.
7. In view of the submissions made by the learned counsel on either side, the first respondent, District Collector, Coimbatore is directed to conclude the proceedings under Section 205 of the Tamil Nadu Panchayat Act, 1994, within a period of six weeks from the date of receipt of a copy of this order.
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8. This writ petition stands disposed of with the above direction. No costs.
24.02.2025 Index : Yes/No.
Internet : Yes/No.
Speaking : Non-speaking Order kkd To 1 The District Collector/ The Inspector of Panchayat, Collector Office, Coimbatore 641 018.
2. The Assistant Director of Rural Development (Audit), Collector Office Campus, Coimbatore 641 018.
3. The Assistant Director of Rural Development(Panchayat), Collector Office Campus, Coimbatore 641 018.
4. The Block Development Officer, BDO Office, Sulur Block, Coimbatore 641 402.
J.SATHYA NARAYANA PRASAD,J.
kkd Page No.5 of 6
W.P.No.5597 of 2024 24.02.2025 Page No.6 of 6