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Madras High CourtWP/11134/2015disposed of

R.Vadivel v. The District Collector,

2015-04-17Honourable Mr Justice M. Sathyanarayanan3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATE: 17.04.2015

CORAM

THE HONOURABLE MR.JUSTICE M.SATHYANARAYANAN W.P.No.11134 of 2015 R.Vadivel ... Petitioner

Versus

1. The District Collector, Tiruvannamalai District.

2. The Assistant Director of Panchayat, District Collectorate Office, Thiruvannamalai District.

3. The Block Development Officer, (Village Panchayat), Chengam, Thiruvannamalai District.

4. The Prisident, Ariyakunjur Village, C.Sorpanandal Post, Chengam Talauk, Thiruvannamalai District. ... Respondents Prayer: This Writ Petition is filed under Article 226 of the Constitution of India, seeking issuance of a writ of mandamus to direct the first respondent to consider and pass orders on the representation dated 27.2.2015 made by the petitioner to take appropriate action against the fourth respondent invoking under Section 205 of Tamil Nadu Panchayats Act, 1994 within the time to be stipulated by this Honourable Court.

For Petitioner : Mr.R.Chandrasekaran For Respondents : Mr.V.Subbiah, Spl. Government Pleader for R1 to R3 : Mr.N.Srinivasan, Additional Government Pleader for R4

O R D E R

By consent, the writ petition itself is taken up for final disposal.

2. The petitioner is the Vice President of Ariyakunjur Village Panchayat and according to him, the President of the said Panchayat, who is arrayed as the fourth respondent, is committing various irregularities, such as misappropriating the panchayat funds and also not submitted the Panchayat accounts for inspection and also fabricated bills and making payments without any resolution. The petitioner, in this regard, had submitted representations dated 10.9.2014, 28.1.2015, 16.02.2015 and 27.02.2015 to the first respondent and since he has not been favoured with any response, the petitioner came forward to file this writ petition.

3. Heard the submissions of Mr.R.Chandrasekaran, learned counsel for the petitioners and this court has also perused the affidavit filed in support of the writ petition and the typed-set of documents.

4. However, for the receipt of the representations, no acknowledgments have been enclosed. The learned counsel for the petitioner would submit that all the representations were submitted in person to the office of the first respondent. 5.This court heard the submissions of Mr.V.Subbiah, learned Special Government Pleader, who accepts notice for the respondents 1 to 3.

6. This Court, without going into the merits of the representation, permits the petitioner to submit one more representation to the first respondent enclosing the copies of the earlier representations within two weeks from the date of receipt of a copy of this order and the first respondent, on the receipt of the same, is directed to consider the same on merits and in accordance with law after putting the 4th respondent on notice and pass appropriate orders within a period of six weeks thereafter and communicate the decision to the petitioner as well as to the fourth respondent.

7. The writ petition is disposed of accordingly. No costs. Sd/- Assistant Registrar(CS V) //True Copy// Sub Assistant Registrar

gpa/vrc To

1. The District Collector, Tiruvannamalai District.

2. The Assistant Director of Panchayat, District Collectorate Office, Thiruvannamalai District.

3. The Block Development Officer, (Village Panchayat), Chengam, Thiruvannamalai District.

4. The Prisident, Ariyakunjur Village, C.Sorpanandal Post, Chengam Talauk, Thiruvannamalai District.

+1cc to Mr.R.Chandrasekaran, Advocate, S.R.No.20998 +1cc to Mr.N.Srinivasan, Advocate, S.R.No.20994 +1cc to the Government Pleader, S.R.No.21248 W.P.No.11134 of 2015 KV(CO) CA(23/04/2015)