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Madras High CourtWP/12554/2015disposed of

C.Baskaran, v. The Inspector Of Panchayat

2015-04-27Honourable Mr Justice M. Sathyanarayanan3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATE: 27.04.2015

CORAM

THE HONOURABLE MR.JUSTICE M.SATHYANARAYANAN W.P.No.12554 of 2015 and M.P.No.1 of 2015 C.Baskaran .. Petitioner

Versus

1 The Inspector of Panchayat and District Collector O/o. The District Collectorate Villupuram District.

2 The Assistant Director of Panchayats (P&E) O/o.Assistant Director of Panchayats Villupuram District Villupuram.

3 S.Ramkumar The Block Development Officer (Panchayats) Marakkanam Panchayat Union Marakkanam Villupuram District.

4 The Tahsildar Tindivanam Taluk Villupuram District.

5 Tmt.Devi Parasuraman 6 V.Parasuraman .. Respondents Prayer: This Writ Petition is filed under Article 226 of the Constitution of India, seeking for a writ of mandamus, directing the 1st Respondent to take appropriate action against the 3rd Respondent and the 5th Respondent under the Tamil Nadu Panchayat Act based on the 2nd Respondents Inspection Report dated 26.08.2014 and the petitioners representation dated 24.02.2015. For Petitioner : Mr.M.Manikandhan For Respondents: Mr.V.Subbiah (for R1, R2 & R4) Special Government Pleader.

Mr.R.Rajeswaran (for R3) Special Government Pleader.

O R D E R

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

2. The petitioner claims to be the former Vice-President of Kandhadu Village Panchayat and he submitted a representation dated 24.02.2015, addressed to the Secretary to Government, Department of Rural Development with copies marked to respondents 1 and 2 stating among other things that the 5th respondent has contested for the post of President and after winning the election, she has indulged in misusing of public funds and therefore, appropriate action has to be initiated against her as per Section 205 of the Panchayat Act, 1996. The grievance expressed by the petitioner is that inspite of the said representation no action has been taken and hence, came forward to file this writ petition.

3. Heard the submissions of Mr.M.Manikandhan, learned counsel for the petitioner, Mr.V.Subbiah, learned Special Government Pleader, who accepts notice for respondents 1, 2 and 4 and Mr.R.Rajeswaran, learned Special Government Pleader, who accepts notice for the 3rd respondents.

4. Though the petitioner has sought for a larger relief, in the facts and circumstances of this case, this Court, without going into the merits of the said representation, directs the 1st respondent to consider the representation dated 24.02.2015, submitted by the petitioner, on merits and in accordance with law, after putting on notice, the respondents 5 and 6 and pass orders as expeditiously as possible and not later than twelve weeks from the date of receipt of a copy of this order and communicate the decision to the petitioner as well as to the persons concerned.

5. The writ petition is disposed of, accordingly. No costs. Consequently, the connected Miscellaneous Petition is closed.

Sd/- Assistant Registrar //True Copy// Sub Assistant Registrar ars

To 1 The Inspector of Panchayat and District Collector O/o. The District Collectorate Villupuram District.

2 The Assistant Director of Panchayats (P&E) O/o.Assistant Director of Panchayats Villupuram District Villupuram.

3 S.Ramkumar The Block Development Officer (Panchayats) Marakkanam Panchayat Union Marakkanam Villupuram District.

4 The Tahsildar Tindivanam Taluk Villupuram District.

+ 1 cc to Mr.M.Manikandhan, Advocate SR.23155 + 1 cc Government Pleader Sr.23266 SSI(CO) EU 19.05.2015 W.P.No.12554 of 2015