P.Ayyasamy, S/O.Palani, v. The District Collector,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATE: 26.04.2016

CORAM

THE HONOURABLE MR.JUSTICE T.S.SIVAGNANAM W.P.No.15368 of 2016 1 P.Ayyasamy [ PETITIONER ] Vs 1 The District Collector Villupuram 2 The Assistant Director (Panchayats) Kallakurichi 3 N.Rasu President Kanankoor Panchayat Kallakurichi Taluk Villupuram District 4 S.Ramachandran Vice-President Kanankoor Panchayat Kallakurichi Taluk, Villupuram District.

5 V.Shanmugam Panchayat Secretary Kanankoor Panchayat Kallakurichi Taluk, Villupuram District.

[RESPONDENTS] Prayer: This Writ Petition is filed under Article 226 of the Constitution of India, seeking for a Writ of mandamus to direct the the respondents 1 & 2 to consider the petitioner's representations dated 14.09.2015 and 16.09.2015 and consequently direct the respondents 1 & 2 to take action against the respondents 3 and 4.

For Petitioner : Mr.N.Subramani For Respondent : Mr.R.Rajeswaran -R1 & R2 Spl. Government Pleader Mr.R.Lakshmi Narayanan - R3 to R5 Addl.Government Pleader

O R D E R

Heard Mr.N.Subramani, learned counsel appearing for the petitioner, Mr.R.Rajeswaran, learned Special Government Pleader accepting notice for the respondents 1 & 2 and Mr.R.Lakshmi Narayanan, learned Additional Government Pleader accepting notice for respondents 3 to 5 and with the consent of the learned counsel on either side, the Writ Petition is taken up for final disposal.

2.The petitioner claiming himself to be a resident of the Kanankoor Village, has come forward with this Writ Petition, making serious allegations against the President, Vice President and the secretary of the Kanakoor Village Panchayat. 3.It is not known as to why all of a sudden the petitioner has waked up this issue. According to the petitioner, illegalities having been committed by the respondents 3 to 5 for several years and the complaint given by him to the Directorate of Vigilance and Anti Corruption has been forwarded to the District Collector, Villupuram, by proceedings dated 08.06.2015. Thereafter, the petitioner has made another representation on 14.09.2015 and produced the acknowledgement to show that the same has been received by the Collectorate. Subsequently, the petitioner has given another representation on 16.09.2015.

Since, the said representations have not been disposed of yet, the petitioner has come forward with this Writ Petition. 4.Since this Court is disposing of the Writ Petition without notice to the respondents 3 to 5, no adverse order can be passed against them at this juncture. However, the complaint has already been forwarded to the first respondent, it would be appropriate for the first respondent to consider the matter on merits and in accordance with law, after notice to the respondents 3 to 5 and all others who are concerned in the matter.

The Writ Petition is disposed of accordingly. No costs. Sd/- Assistant Registrar(CS VI) //True Copy// Sub Assistant Registrar

To 1 The District Collector, Villupuram.

2 The Assistant Director (Panchayats), Kallakurichi.

+1cc to the Government Pleader Sr.26651 +1cc to Mr.N.Subramani, Advocate Sr.26479 W.P.No. 15368 of 2016 ca(CO) srg(18/05/2016)