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Madras High CourtREV.APLW/90/2025allowed

D.Sridharan v. Government Of Tamil Nadu

2025-04-28Honourable Mr Justice C.V. Karthikeyan5 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 28-04-2025

CORAM

THE HONOURABLE MR JUSTICE C.V. KARTHIKEYAN

1. D.Sridharan Petitioner Vs

1. Government Of Tamil Nadu Rep By Its Secretary, Department Of Rural Development And Panchayat Raj Department, Fort St. George, Rajaji Road, Chennai- 09.

2.The Secretary Housing And Urban Development, Fort St. George, Rajaji Road, Chennai-09.

3.The District Collector / Inspector Of Panchayats Collectorate Building, Vellore District 4.Senthil Kumar Respondents PRAYER: Review Petition filed under Order XLVII Rule 1 r/w Section 114 of

the Code of Civil Procedure seeking to review the order dated 10/01/2025 passed in WP.No. 980 of 2025.

For Petitioner :Ms.S.P.Arthi For Respondents : Mr.V.Nanmaran, Additional Government Pleader

ORDER

The review petition has been filed seeking re-examination of an order dated 10.01.2025 passed in W.P.No.980 of 2025, wherein on examining the facts, this court had ordered as follows:

"5.But now, by efflux of time, the 4 th respondent is no longer the President of the Village Panchayat. G.O.Ms.No.1 of 2025 had been passed on 06.01.2025 abolishing all the Panchayats and placing the Block Development Officer incharge. Therefore, the relief sought by the petitioner cannot be granted. But however the petitioner can now give a fresh representation to the Block Development Officer who is now incharge of the Village Panchayat and seek examination of the accounts or other aspects relating to the functioning of the Panchayat. This would be independent of the earlier representations and should be considered in the

manner known to law. The impugned order is not interfered with but liberty is granted to the petitioner."

2. It is contended that G.O.(Ms).No.1 of 2025 on the basis of which the order had been passed was not applicable to the Village Panchayat President, Genganallur Village Panchayat, Anaikut Union, Vellore District wherein the fourth respondent in the writ petition was the Village Panchayat President. It is contended that he still continues to function as Village Panchayat President and the post had not been taken over by the Block Development Officer.

3. Since the order had been passed on the terms of the aforesaid Government Order which was not applicable, the order dated 10.01.2025 is hereby recalled. The review would lie against the order. The writ petition would have to be re-heard to examine whether the petitioner has a cause to hold grievance against the fourth respondent, since the petitioner had alleged misappropriation of funds of the Panchayat.

4. The review petition is allowed. The order dated 10.01.2025 stands recalled. The Writ Petition will have to be argued again. The Writ Petition may

be listed before the appropriate court for arguments. 28-04-2025 nl Index:Yes/No Speaking/Non-speaking order Internet:Yes To 1.The Secretary, Department Of Rural Development And Panchayat Raj Department, Fort St. George, Rajaji Road, Chennai- 09.

2.The Secretary Housing And Urban Development, Fort St. George, Rajaji Road, Chennai-09.

3.The District Collector / Inspector Of Panchayats Collectorate Building, Vellore District C.V.KARTHIKEYAN J.

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28-04-2025