T.Palanivelu, M/A 45 Years v. The State Of Tamil Nadu

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 06.11.2015

CORAM

THE HONOURABLE MR.JUSTICE T.S.SIVAGNANAM WP.No.30522 of 2015 T.Palanivelu ... Petitioner

Versus

1. The State of Tamil Nadu, Rep. by Secretary to Government, Department of Rural and Panchayat Raj Development, Fort St.George, Chennai - 600 009.

2. The Inspector of Panchayats cum District Collector, Cuddalore District.

3. U.Shanthi W/o. Ulaganathan, President, Veyyalur Panchayat Board, Keerapalayam Panchayat Union, Cuddalore District.

... Respondents Writ petition filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus, directing the 2nd respondent to consider the representation of the petitioner dated 26.08.2015 to take legal action against the 3rd respondent for her acts of commission and omission in managing the affairs of the Mahatma Gandhi National Rural Employment Guarantee Scheme. For Petitioner :

Mr.T.S.Sivasubramanian For Respondents 1 & 2 :

Mr.R.Rajeswaran Special Government Pleader

ORDER

This petitioner is before this Court for the second time for the same reason. Though the third respondent has been served and her name is printed in the cause-list, none appeared.

2. Earlier, this petitioner by filing WP.No.9538 of 2012, wherein she had brought to the notice of this Court, various acts of commissions and omissions committed by the fifth respondent, the President of Veyyalur Panchayat and stated that the authorities have not initiated any action. Considering the facts of that case, this Court in W.P.No.9538 of 2012 by order dated 11.04.2012, directed the District Collector, Cuddalore to look into the matter and take action in accordance with law expeditiously. Pursuant thereto, it appears that no action was initiated in the proceedings in Na.Ka.No.A8/869/2012 dated 14.02.2013.

Since no further proceedings were initiated, the petitioner appears to have filed a contempt petition, in which, an undertaking was given that the matter will be concluded, and therefore, it is stated that the contempt petition was closed. However, in the affidavit filed in support of the Writ Petition, the petitioner has not stated, as to what order is passed in the contempt petition. A copy of the order is not produced. Be that as it may, now the representation dated 26.08.2015 given by the petitioner is pending before the second respondent.

3. In the light of the above, there will be a direction to the second respondent to consider the petitioner's representation on merits and in accordance with law, after notice to the petitioner and the third respondent, within a period of three months from the date of receipt of a copy of this order.

Accordingly, the Writ Petition is disposed of. Sd/- Assistant Registrar(CS VI) //True Copy// Sub Assistant Registrar ds

To:

1. The State of Tamil Nadu, Rep. by Secretary to Government, Department of Rural and Panchayat Raj Development, Fort St.George, Chennai - 600 009.

2. The Inspector of Panchayats cum District Collector, Cuddalore District.

+2cc's to Mr.T.S.Sivasubramanian, Advocate, S.R.No.61822 +1cc to the Government Pleader, S.R.No.61989 WP.No.30522 of 2015 CTK(CO) CA(01/12/2015)