Selva Rajan v. The District Collector,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 20.04.2023

CORAM

THE HONOURABLE MR.JUSTICE M.DHANDAPANI Selvarajan ... Petitioner Vs.

1.The District Collector, Ariyalur, Ariyalur District.

2.The Tahsildar, Jayankondan Taluk, Jayankondan.

... Respondents Prayer:

Petition filed under Article 226 of the Constitution of India to issue a Writ of Mandamus directing the respondents to return Rs.30,000/-.

For Petitioner : Mr.J.Franklin For Respondents : Mr.S.Bala Murugan Government Advocate

O R D E R

The petitioner has filed this writ petition seeking issuance of Writ of Mandamus directing the respondents to return Rs.30,000/-. 1/4

2.The case of the petitioner is that the petitioner is the ExPanchayat President of Nayaganaipiriyal Panchayat and that there was a charge against the petitioner that he misappropriated a sum of Rs.67,729/- and vide proceedings dated 01.10.1998, the second respondent directed the Village Administrative Officer to collect a sum of Rs.67,729/- and an order of attachment was also passed by the second respondent on 02.08.2001. Challenging the order dated 02.08.2001, the petitioner filed W.P.No.26175 of 2001 before this Court and this Court during the course of adjudication, directed the petitioner to deposit a sum of Rs.30,000/- and thereafter disposed of the said writ petition on 08.09.2010. For the said charge, a case in Crime No.35 of 1998 was also registered by the T.Palur Police Station and thereafter vide judgment dated 22.09.2014, the learned Judicial Magistrate, Jayankondan acquitted the petitioner, however, the deposited amount of Rs.30,000/- has not yet been returned to the petitioner. Hence, this writ petition.

3.The learned counsel appearing for the petitioner submitted that the petitioner made representation dated 17.03.2015 to the respondents seeking refund of Rs.30,000/- through his counsel. Hence, without going into the merits of the case, it would suffice, if 2/4

this Court issues direction to the respondents to consider the petitioner's representation dated 17.03.2015 made through his counsel and to pass appropriate orders within a reasonable time frame.

4.Considering the limited request made by the learned counsel appearing for the petitioner, this Court, without expressing any opinion on the merits of the case, directs the respondents to consider the petitioner's representation dated 17.03.2015 made through his counsel, on merits and in accordance with law and to pass appropriate orders, within a period of six weeks from the date of receipt of a copy of this order.

5.This writ petition is accordingly disposed of. No costs. 20.04.2023 pri Speaking Order/ Non Speaking Order Index: Yes/ No Internet: Yes/ No To 1.The District Collector, Ariyalur, Ariyalur District.

2.The Tahsildar, 3/4

Jayankondan Taluk, Jayankondan.

M.DHANDAPANI,J.

pri 20.04.2023 4/4

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