Madras High CourtWP/1322/2016disposed of

Kanchi M.Manoharan v. The District Collector

2016-01-18Honourable Mr Justice T. S. Sivagnanam2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 18.01.2016

CORAM:

THE HONOURABLE MR.JUSTICE T.S.SIVAGNANAM W.P.No.1322 of 2016 Kanchi M.Manoharan .. Petitioner Vs.

1.The District Collector, Kancheepuram District, Kancheepuram - 631 605.

2.The President, Uthukkadu Village Panchayat, Walajabad Union, Kancheepuram District.

.. Respondents Prayer : Petition filed under Article 226 of the Constitution of India praying for issuance of a writ of Mandamus directing the 1st respondent to dispose of the representation dated 25.11.2013 of the petitioner seeking action against 2nd respondent under Section 205 of the Tamil Nadu Village Panchayat Act, 1994.

For Petitioner .. Mr.R.Ravi For 1st Respondent ..

Mr.S.Diwakar Government Advocate For 2nd Respondent ..

Mr.K.Karthikeyan Government Advocate

ORDER

Heard the learned counsel for the petitioner; Mr.S.Diwakar, learned Government Advocate accepting notice for the 1st respondent and Mr.K.Karthikeyan, learned Government Advocate accepting notice for the 2nd respondent and with their consent, the writ petition is taken up for final disposal at the admission stage itself.

2.The petitioner seeks for a direction upon the 1st respondent to consider his representation dated 25.11.2013 and initiate action against the 2nd respondent under Section 205 of the Tamil Nadu Village Panchayat Act, 1994.

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3.Though certain allegations have been made against the 2nd respondent, the President of the Village Panchayat, the said person has not been impleaded in his personal capacity. 4.The learned Government Advocate appearing for the 2nd respondent submits that the petitioner has filed this writ petition due to political animosity and there are no bona fides in the litigation.

5.Be that as it may, from the proceedings of the Assistant Director (Panchayats), Kancheepuram dated 11.02.2014, it is seen that action has already been initiated and the matter is under progress.

6.In the light of the above, there would not be necessity to direct the authority viz., the 1st respondent to consider the representation of the petitioner and it would suffice to direct the 1st respondent to conclude the proceedings initiated against the President of the Village Panchayat as expeditiously as possible preferably within a period of three months from the date of receipt of a copy of this order, after complying with the principles of natural Justice.

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

sd/- Assistant Registrar(Cs-V) /TRUE COPY/ Sub-Assistant Registrar Sgl To 1.The District Collector, Kancheepuram District, Kancheepuram - 631 605.

2.The President, Uthukkadu Village Panchayat, Walajabad Union, Kancheepuram District.

+1 CC to MR.R.Ravi Advocate. SR.NO.2778 +1 CC to Govt.Pleader. SR.NO. 2674 +1 cc to Govt.Pleader,SR.2995 (6/5/16) W.P.No.1322 of 2016 CO-MSM JD 27/01/2016 https://hcservices.ecourts.gov.in/hcservices/