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Madras High CourtWP/16956/2023disposed of

K.G.Nagaraj v. The District Collector

2023-06-08Honourable Mr Justice N. Anand Venkatesh4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 08.06.2023

CORAM

THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH K.G.Nagaraj S/o.Gurumallappa

...Petitioner

Vs 1.The District Collector, Erode District.

2.The Block Development Officer, Thalavadi Taluk, Erode District.

3.The Divisional Block Development Officer, (Division - 4).

Thalavadi Taluk, Erode District.

4.The Project Officer, Thalavadi Taluk, Erode District.

5.M.Nathan ... Respondents PRAYER : Writ Petition filed under Article 226 of the Constitution of India, to issue a writ of Mandamus, directing the respondents 1 and 2 to take necessary action against the fifth respondent for forged petitioner's signature and withdraw the cash from the Thalamalai Village Panchayat savings bank account vide A/c No.1376101010675 by considering the petitioner's representation dated 28.02.2023.

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For Petitioner : Mr.N.Chinnaraj For Respondents : Mr.S.Arumugam Government Advocate [R1 & R4] Mr.K.Tamilvendan Government Advocate [R2 & R3] *****

O R D E R

This writ petition has been filed for issuance of a writ of mandamus directing the respondents 1 and 2 to take action against the fifth respondent, who is the President of Thalamalai Village Panchayat on the ground that the fifth respondent had forged the signature of the petitioner, who is the Vice President of the Thalamalai Village Panchayat and had withdrawn the amount from the savings bank account.

2. Heard Mr.N.Chinnaraj, learned counsel for petitioner, Mr.S.Arumugam, learned Government Advocate appearing for respondents 1 and 4 and Mr.K.Tamilvendan, learned Government Advocate appearing for respondents 2 and 3.

3. The grievance of the petitioner is that his signature was forged by the fifth respondent, who is the President of Thalamalai Village Panchayat 2/4

and amount has been withdrawn from the savings bank account. According to the petitioner, a police complaint was given in this regard and simultaneously, a representation was also given to respondents 1 and 2 to take action against the fifth respondent. Since no action was taken, yet another representation was made on 28.02.2023. Since the same did not evoke any response, the present writ petition has been filed before this Court seeking for appropriate directions.

4. When the matter was taken up for hearing, learned Government Advocate appearing on behalf of respondents 1 and 4 and learned Government Advocate appearing on behalf of respondents 2 and 3 submitted the written instructions received from the second respondent along with relevant documents. It is seen that an enquiry was conducted and a response has also been received from the bank with regard to the signature that was found in the cheque.

5. In the considered view of this Court, it will suffice if a direction is issued to the second respondent to respond to the representation made by the petitioner on 28.02.2023 within a period of two (2) weeks from the date of receipt of a copy of this order.

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N.ANAND VENKATESH, J gm Accordingly, this Writ Petition is disposed of with the above directions. No costs.

08.06.2023 Index : Yes/No Speaking order:Yes/No gm To 1.The District Collector, Erode District.

2.The Block Development Officer, Thalavadi Taluk, Erode District.

3.The Divisional Block Development Officer, (Division - 4).

Thalavadi Taluk, Erode District.

4.The Project Officer, Thalavadi Taluk, Erode District.

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