K.Marimuthu, v. The Inspector Of Panchayats
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED:03.11.2015 Coram The Hon'ble Mr. Justice T.S. SIVAGNANAM W.P. No.33840 of 2015
1. K.Marimuthu 2 T.Dhas 3 E.Nirmalraj 4 N.Kothainayagi 5 M.Devarajan 6 M.Themozhi [PETITIONRS] Vs 1 The Inspector of Panchayats cum District Collector Thiruvallur District Thiruvallur.
2 Mr.V.Govindaraj President Melur Village Panchayat Ponneri Taluk Thiruvallur District.
[RESPONDENTS] Common Prayer:- Petitions filed under Article 226 of the Constitution of India praying to issue Writ of Mandamus to direct the Inspector of Panchayats cum District Collector, Thiruvallur District, the First Respondent herein to consider the representation of the petitioners dated 10-08-2015 and to initiate appropriate action as per the provisions of the Tamil Nadu Panchayats Act 1994 after affording an opportunity to the petitioners to be heard in person.
For petitioners .. Mr.G.Gopinath For Respondents .. Mr.S.Diwakar-R1 Addl.Government Pleader
O R D E R
By consent of the learned counsel on either side, the writ petition is taken up for final disposal.
2. Heard Mr.G.Gopinath, learned Counsel appearing for the petitioners and Mr.S.Diwakar, learned Additional Government Pleader, appearing for the first respondent.
3.The petitioners seek for issuance of a writ of mandamus to direct the Inspector of Panchayats cum District Collector, Thiruvallur District, the First Respondent herein to consider their representation dated 10-08-2015 and to initiate appropriate action as per the provisions of the Tamil Nadu Panchayats Act 1994, after affording an opportunity to them to be heard in person.
4.The petitioners would allege that there are serious irregularities committed by the second respondent, President of the Melur Village Panchayat and the petitioners have given a complaint against the second respondent to the first respondent and since no effective steps were taken to consider and take action on the representation, the petitioners are before this Court.
5.The learned Additional Government Pleader on instructions submitted that the Assistant Director of Village Panchayat has conducted an enquiry and recorded a statement on 15.09.2015 and he has to submit a report to the District Collector, based on which the District Collector will pass final orders. 6.In the light of the above, there will be a direction to the Assistant Director of Village Panchayat to submit a report to the District Collector within a period of two weeks from the date of receipt of a copy of this order. Thereafter, the first respondent District Collector shall consider the report and all the materials placed before him and take a conscious decision on the petitioners' representation by following the procedure under the Tamil Nadu Panchayats Act, 1994. Such order shall be passed, within a period of six weeks from the date of receipt of report from the Assistant Director of Village Panchayats.
6. Accordingly, the Writ Petition is disposed of accordingly. No costs.
Sd/- Asst.Registrar (CS V ) /true copy/ Sub Asst. Registrar rpa To 1 The Inspector of Panchayats cum District Collector Thiruvallur District Thiruvallur.
2 President, Melur Village Panchayat Ponneri Taluk Thiruvallur District.
+1 cc to Mr.G.Gopinath, Advocate, sr.60350 +1 cc to Government Pleader, sr.60738 W.P. No.33840 of 2015 ad co kra 27.11.2015