P.Ezhilnathan v. The District Collector

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 27-06-2025

CORAM

THE HONOURABLE MRS.JUSTICE N. MALA WP .No. 23456 of 2025 P.Ezhilnathan S/o Periyasay Kulankarai Theru, Thittai Village And Post, Sirkazhi Taluk, Mayiladuthurai District Petitioner(s) Vs

1. The District Collector Mayilduthurai District

2. The Personal Assistant Of The District Collector (development) Mayilduthurai District

3. The Block Development Officer (village Panchayats) Sirkazhi, Mayilduthurai District

4. ANBARASAN S/o Ponnusamy, V.I.P Nagar Thittai Village And Post, Sirkazhi Taluk Mayilduthurai District Respondent(s) PRAYER: This Writ Petition is filed under Article 226 of the Constitution of India to direct the respondents 1 and 2 to transfer the 4th respondent to some other place and also to conduct an enquiry and take appropriate action against the 4th respondent based on the report dated 09.03.2020 submitted by the 3rd respondent in accordance with law, within the time stipulated by this court. For Petitioner(s): K. Dhivyashree For Respondent(s): Mr.M.Shajakhan, SGP, for R1 & R2 Mr.E.Vijayanand, AGP for R3

ORDER

This Writ Petition is filed seeking a direction to the respondents 1 and 2 to transfer the 4th respondent to another place and to initiate an enquiry and take appropriate action against the 4th respondent based on the report dated 09.03.2020, submitted by the 3rd respondent, in accordance with law, within the time stipulated by this court.

2. The 4th respondent is presently functioning as a Panchayat Secretary in the petitioner's Village. According to the petitioner, the 4th respondent continues to hold the said post without being subjected to transfer, solely by virtue of his influence and the clout he wields. While in the said post, the 4th respondent committed various misappropriations of the panchayat funds. Therefore, the petitioner along with the other village people gave several complaints against the 4th respondent to the 1st respondent. The 1st Respondent based on the said complaint, directed the 3rd respondent to conduct an enquiry and submit a report on the allegations made against the 4th respondent. Thereafter the 3rd respondent conducted an enquiry and submitted a report in his letter in Na.Ka.No.479/2020/A3/dated 09.03.2020, confirming that the 4th respondent,

had committed various misconducts and misappropriations. Since the respondents 1 and 2 did not take any action against the 4th respondent, pursuant to the said report, the petitioner submitted several representations to the respondents 1 and 2 to take appropriate action against the 4th respondent. As no action was taken on the petitioner's representation, the petitioner filed the above writ petition for the above stated relief.

3. Under the facts and circumstances of the case and in view of the 3rd respondent's report dated 09.03.2020, without going into the merits of the case, I direct the first respondent to consider the petitioner's representation's by affording an opportunity of hearing to both the petitioner as well as the 4th respondent, and to pass orders on merits and in accordance with law, within a period of twelve weeks from the date of receipt of a copy of this order.

4. In the result, this Writ Petition is disposed of with the above direction. No costs.

27-06-2025 Index: Yes/No Speaking/Non-speaking order N. MALA.,J.

gv To

1. The District Collector Mayilduthurai District

2. The Personal Assistant Of The Distrct Collector (development) Mayilduthurai District

3. The Block Development Officer (village Panchayats) Sirkazhi, Mayilduthurai District

4. ANBARASAN S/o Ponnusamy, V.I.P Nagar Thittai Village And Post, Sirkazhi Taluk Mayilduthurai District WP NO. 23456 of 2025 27.06.2025