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Madras High CourtWP/31637/2016disposed of

M.V.Kuppam Village Panchayat v. The District Collector

2023-06-08Honourable Mr Justice P.B. Balaji4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 08.06.2023

CORAM

THE HONOURABLE MR.JUSTICE P.B.BALAJI W.P.No. 31637 of 2016 M.V.Kuppam Village Panchayat, Rep. by its President M.Sankar Peranampattu Panchayat Council, Gudiyatham Taluk, Vellore District ... Petitioner

Versus

1.The District Collector, Vellore District.

2.The Assistant Director(Panchayats), Tirupathur, Vellore District.

3.The Regional Rural Development Officer, Peranampattu, Vellore District.

4.R.Rajini ... Respondents PRAYER: Writ Petition is filed under Article 226 of the Constitution of India, prays to issue a Writ of Mandamus, to direct the respondent to consider the petitioner's representation dated 07.09.2015 and 15.10.2015 and enquire about the illegal activities of the 4th respondent. For Petitioner : No appearance 1/4

For Respondents :Mr.M.Shahjahan Special Government Pleader for R1 to R3

O R D E R

This writ petition has been filed to direct the respondent to consider the petitioner's representation dated 07.09.2015 and 15.10.2015 and enquire about the illegal activities of the 4th respondent.

2. It is the case of the Petitioner Village Panchayat that the 4th respondent was appointed as a Panchayat Clerk in the petitioner Village Panchayat. The grievance of the petitioner panchayat is that the 4th respondent has misused the panchayat funds and indulged in forgery and illegally withdrew money from the account. In this regard, the petitioner Panchayat had also passed a resolution to remove the 4th respondent from service. At the time of passing of resolution, the 4th respondent along with his brother assaulted the petitioner and village people and also threatened them in a filthy language which necessitated the petitioner Village Panchayat and village people to lodge a police complaint on 16.09.2015. Thereafter, the 4th respondent was transferred to Tennampattu village and the said order of transfer was challenged by him in W.P.No.36489 of 2015. Subsequently, the 2/4

petitioner was constrained to file a writ petition in W.P.No.40962 of 2015 since the 4th respondent was again transferred to the petitioner Village Panchayat without any reasons, within a span of few days. Pending the writ petition, the 4th respondent was re-transferred to Tennampattu village. Despite several representations have been made by the members of the Village Panchayat, the 1st respondent has not taken any action against the 4th respondent.

3. Considering the limited scope of the prayer sought for in the writ petition, this Court feels that it would be in the interest of the parties concerned if the 1st respondent considers the representation of the village panchayat dated 07.09.2015 and 15.10.2015 after affording an opportunity to the 4th respondent, within a period of 8 weeks from the date of receipt of a copy of this order.

4. In view of the above, this writ petition is disposed of. No cost. 08.06.2023 Index : Yes / No Internet: Yes Speaking/non speaking order nr 3/4

P.B.BALAJI, J., nr To 1.The District Collector, Vellore District.

2.The Assistant Director(Panchayats), Tirupathur, Vellore District.

3.The Regional Rural Development Officer, Peranampattu, Vellore District.

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