P.Kavitha v. The Director,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 03.07.2025
CORAM
THE HON'BLE MRS.JUSTICE N.MALA WP.No.10205 of 2025 P.Kavitha W/o.Palanisamy, 8 th Ward Member, Mettupatty Panchayath, Ayothiapattinam Panchayat Union, Valapadi Taluk, Salem District.
Residing at No.160 A, Mariamman Kovil Street, Mettupatty Conoly, Seshanchavadi, Salem 636 111.
Petitioner(s) Vs 1.The Director, Rural Development and Panchayath Raj Department, Rural Development and Panchayat Raj Panagal Building, th and 5 th Floor, Jennis Road, Saidapet, Chennai 15.
2.The District Collector, Saem District, Salem.
3.The Assistant Director of Panchayath, District Collectorate Officer, Salem District.
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4.The Block Development Officer (Village Panchayath) Ayothiyapattinam Union, Salem District.
5.Chandira Rajakesavan, President, Mettupatty Panchayath, Ayothiapattinam Panchayat Union, Valapadi Taluk, Salem District.
Residing at Rajaveethi, Mettupatty, Valapadi Taluk, Salem 636111.
6.Suriya Prakash, Secretary, Mettupatty Panchayath, Ayothiapattinam Panchayat Union, Valapadi Taluk, Salem District.
7.Mahendiran, Deputy Director Block Development, Ayothiapattim Panchayat Union, Salem District. Respondent(s) Prayer: Writ Petition filed under Article 226 of the Constitution of India, praying for the issuance of a direction in the nature of Writ of Mandamus, directing the 2 nd respondent to consider the representation of the Petitioner dated 23.09.2024 and consequently take appropriate action against the Respondents 5 to 7 and pass such further orders.
For Petitioner:
Mr.S.Arjun For Respondents:
Mr.M.Rajendiran, Additional Government Pleader for R1 to R3 Mr.P.Anandakumar, Government Advocate for R4 2/6
ORDER
This writ petition has been filed for issuance of a Writ of Mandamus, directing the 2 nd respondent to consider the representation of the petitioner dated 23.09.2024 and consequently take appropriate action against respondents 5 to 7.
2. The petitioner is a elected ward member of Mettupatty Panchayat in Salem district, alleges serious irregularities and misuse of power by the 5 th respondent, the Panchayat President. The 5 th Respondent has allegedly acted in a biased manner, excluding the petitioner and other ward members from decisionmaking while favouring her relatives and party members. Welfare schemes were implemented without transparency, with government benefits being distributed only among the 5 th Respondent's close associates. Additionally, funds meant for public welfare, including those for sewage maintenance, drinking water repairs and the Mahatma Gandhi Rural Employment Guarantee Scheme (NREGS), were misappropriated through false billing and unauthorized expenditures. Despite multiple representations to higher authorities, only evasive responses were provided, and no concrete action was taken. An audit report obtained 3/6
under RTI revealed that financial entries were made without proper resolutions, confirming financial irregularities.
3. Learned counsel appearing for the petitioner contends that the 5 th Respondent has misused her official position for personal and political gain, violating Panchayat governance norms. The non-conduct of Gram Sabha meetings and unilateral decision-making have deprived residents of their rights and necessary amenities. The petitioner seeks a writ directing authorities to take immediate action against the 5 th respondent, ensure accountability in the fund utilization, and implement welfare schemes fairly and transparently.
4. Learned Additional Government Pleader appearing for respondents 1 to 3 would submit that the representation of the petitioner dated 23.09.2024 would be considered on merits, in accordance with law, within a time frame stipulated by this Court.
5. Heard both sides and perused the materials available on record. 4/6
6. Without going into the merits of the case, the second respondent is directed to consider the representation of the petitioner dated 23.09.2024 after conducting a detailed enquiry by giving due notice to the petitioner as well as respondents 5 to 7 affording an opportunity of personal hearing, and pass appropriate orders on merits, in accordance with law, within a period of eight
(8) weeks from the date of receipt of a copy of this order. In the result, the writ petition stands disposed of with the above observations and direction. No costs.
03.07.2025 smn Index:Yes/No Speaking order:Yes/No 5/6
N.MALA,J.
smn To 1.The Director, Rural Development and Panchayath Raj Department, Rural Development and Panchayat Raj Panagal Building, th and 5 th Floor, Jennis Road, Saidapet, Chennai 15.
2.The District Collector, Saem District, Salem.
3.The Assistant Director of Panchayath, District Collectorate Officer, Salem District.
4.The Block Development Officer (Village Panchayath) Ayothiyapattinam Union, Salem District.
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