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Madras High CourtWP/16182/2015disposed of

K.Kanniyappan v. The District Collector/

2015-06-11Honourable Mr Justice M. Sathyanarayanan3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 11.06.2015

CORAM:

THE HONOURABLE MR. JUSTICE M.SATHYANARAYANAN W.P.No.16182 of 2015 and M.P.No.1 of 2015 K.Kanniyappan ..

Petitioner Vs.

1.The District Collector/ Inspector of Panchayats, Vellore District, Sathuvachari, Vellore-632 009.

2.The Assistant Director (Panchayats), Vellore Collector Office, B-Block, III Floor, Sathuvachari, Vellore-632 009.

3.T.G.Shankar, Vice President, Thellore Village Panchayat, Vellore Union, Mettu Street, Thellore Village Post, Vellore-632 105.

..

Respondents (3rd respondent impleaded as per the order dated 11.06.2015 made in M.P.No.2 of 2015) Prayer: Writ Petition filed under Article 226 of the Constitution of India praying for issuance of a Writ of Mandamus directing the first respondent to pass orders on the representation of the petitioner dated 11.05.2015 submitted under Section 204(3) of the Tamil Nadu Panchayat Act.

For Petitioner :

Mr.J.Shanmuga Sundarababu For Respondents:

Mr.V.Subbiah, Special Government Pleader

O R D E R

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

2. The petitioner claims to be the elected President of Thellore Village Panchayat and took charge after the by-elections held on 18.09.2014. The petitioner would further claim that he has organized so many developmental works such as water facilities,

pipe line connection, drainage facilities, street light maintenance, general health programme etc. The grievance expressed by the petitioner is that the Vice President is not operating with him to carryout the above said developmental activities and he has also stopped attending the village meetings for the last two months and consequently, the developmental activities got stalled.

The petitioner, in this regard, has submitted a representation to the first respondent under Section 204(3) of the Panchayat Act seeking permission to run the Panchayat by himself or to take his cheque signing power and handover to the Block Development Officer, Vellore Union to run the Panchayat Development Works and pursuant to his representation, the second respondent called the petitioner, Vice President and other members for enquiry, alleging that the Vice President has given a complaint against the petitioner. The petitioner participated in the enquiry and submitted his explanation as to the acts of the Vice President.

The grievance expressed by the petitioner is that though action has been taken on the complaint given by the Vice President, no action has been taken on the representation of the petitioner and hence, came forward to file this writ petition.

3. Heard the submissions of Mr.V.Subbiah, learned Special Government Pleader, who accepts notice for the respondents 1 and 2.

4. This Court, taking into consideration the limited scope of prayer sought for by the petitioner and without going into the merits of the petitioner's representation dated 11.05.2015, directs the first respondent to consider and dispose of the petitioner's representation dated 11.05.2015 in accordance with law, after putting on notice the petitioner and the third respondent and pass orders within a period of eight weeks from the date of receipt of a copy of this order and communicate the decision taken to the petitioner as well as to the third respondent.

5. This Writ Petition is disposed of accordingly. No costs. Consequently, connected miscellaneous petition is closed. Sd/- Assistant Registrar //True Copy// Sub Assistant Registrar jvm

To 1.The District Collector/ Inspector of Panchayats, Vellore District, Sathuvachari, Vellore-632 009.

2.The Assistant Director (Panchayats), Vellore Collector Office, B-Block, III Floor, Sathuvachari, Vellore-632 009.

3.T.G.Shankar, Vice President, Thellore Village Panchayat, Vellore Union, Mettu Street, Thellore Village Post, Vellore-632 105.

+1cc to Mr.J.Shanmuga Sundarababu, Advocate, S.R.No.28537 +1cc to the Government Pleader, S.R.No.28613 LRS(CO) EU(19/06/2015) W.P.No.16182 of 2015