P.Venkatesan v. The District Collector
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 22.06.2023
CORAM
THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH P.Venkatesan S/o.Ponniyan
...Petitioner
Vs 1.The District Collector/Inspector of Panchayat, Thiruvallur.
2.The Assistant Director of Panchayat, Thiruvallur.
3.The Block Development Officer, Kadambathur Panchayat Union, Thiruvallur District.
4.The Revenue Divisional Officer, Thiruvallur.
5.The Village Administrative Officer, Thodukadu Village, Thiruvallur Taluk and District.
6.K.C.Munusamy S/o.Sengalvarayan 7.Y.Priyanka W/o.Yuvaraj 1/6
8.Komathi W/o.Ponnan 9.M.Rani W/o.Mohan 10.R.Yuvaraj S/o.Radhakrishnan 11.R.Mariyammal W/o.Rajendirean ... Respondents PRAYER : Writ Petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus directing the first respondent to consider the petitioner's representation dated 30.05.2023 and to take necessary action against the respondents 6 to 11 for disqualification of the member of ward in petitioner's Todukadu Panchayat as per provision of Section 38(J) and 41(1) of the Tamil Nadu Panchayat Act and Rules, 1994. For Petitioner : Mr.V.S.Suresh For Respondents : Mr.A.M.Ayyathurai Government Advocate [R1, R2, R4 & R5] Mrs.S.Mythreye Chandru Special Government Pleader [R3] *****
O R D E R
The President of Todukadu Panchayat belonging to Kadampathur Panchayat Union has filed this writ petition for a direction to the official 2/6
respondents to consider the representation made by the petitioner on 30.05.2023 wherein the petitioner has sought for taking action against respondents 6 to 11, who are members of the ward in the said Panchayat, as per the provisions of the Tamil Nadu Panchayat Act, 1994.
2. Heard Mr.V.S.Suresh, learned counsel for petitioner, Mr.A.M.Ayyathurai, learned Government Advocate appearing for respondents 1, 2, 4 & 5 and Mrs.S.Mythreye Chandru, learned Special Government Pleader appearing for the third respondent.
3. The main grievance that was expressed by the petitioner is that respondents 6 to 11 are ward members of the Panchayat and that they are not co-operating with the President and they have not attended the council meeting for nearly nine occasions. The petitioner, therefore, made a representation to the first respondent for initiating steps against respondents 6 to 11 u/s.38(J) and 41(1) of the Tamil Nadu Panchayat Act, 1994, for disqualification of those ward members. Since the representation was not acted upon, the present writ petition has been filed before this Court seeking for appropriate directions.
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4. Taking into consideration the facts and circumstances of the case and considering the nature of grievance that has been expressed by the President of the Panchayat and to ensure the smooth and proper functioning of the Panchayat, there shall be a direction to the first respondent to deal with the representation dated 30.05.2023 on its own merits and in accordance with law after affording an opportunity to respondents 6 to 11. The first respondent shall take a final decision on the representation made by the petitioner within a period of four (4) weeks from the date of receipt of a copy of this order.
This Writ Petition is disposed of with the above direction. No costs. 22.06.2023 Index : Yes/No Speaking order:Yes/No gm 4/6
To 1.The District Collector/Inspector of Panchayat, Thiruvallur.
2.The Assistant Director of Panchayat, Thiruvallur.
3.The Block Development Officer, Kadambathur Panchayat Union, Thiruvallur District.
4.The Revenue Divisional Officer, Thiruvallur.
5.The Village Administrative Officer, Thodukadu Village, Thiruvallur Taluk and District.
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N.ANAND VENKATESH, J gm 22.06.2023 6/6