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Madras High CourtWP/39810/2015disposed of

P.Vadamalai v. District Collector

2015-12-17Honourable Mr Justice T. S. Sivagnanam2 pages

In the High Court of Judicature at Madras Dated : 17.12.2015 Coram :

The Honourable Mr.Justice T.S.SIVAGNANAM Writ Petition No.39810 of 2015 and MP.No.1 of 2015 P.Vadamalai

...Petitioner

Vs 1.The District Collector, Villupuram District.

2.The Assistant Director (Panchayat), Kallakurichi, Villupuram District.

3.The Block Development Officer, Panchayats, Ulundurpettai, Villupuram District.

...Respondents

PETITION under Article 226 of The Constitution of India praying for the issuance of a Writ of Mandamus directing the first respondent to consider the petitioner's representation dated 13.7.2015 for recalling the proceedings dated 7.4.2015 bearing reference No. Na.Ka.No.A3/345/2014 and restoring the petitioner's powers as the Elected President of Koothanur Panchayat in the light of the reports submitted by the Deputy Block Development Officer dated 26.8.2015 and Koothanur Village Administrative Officer within a time frame fixed by this Court. For Petitioner : Mr.Saravanakumar for Mr.P.John Peter For Respondents 1 & 2 : Mr.R.Rajeswaran, SGP For Respondent-3 : Mr.R.Govindasamy

ORDER

Mr.R.Rajeswaran, learned Special Government Pleader accepts notice for respondents 1 and 2. Mr.R.Govindasamy, learned counsel takes notice for the third respondent. Heard the learned counsel for the petitioner. By consent, the writ petition itself is taken up for final disposal.

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2. The petitioner seeks a direction to the first respondent to consider his representation dated 13.7.2015 for recalling the order dated 7.4.2015, in and by which, the petitioner was divested of his powers to function as the President of Koothanur Village Panchayat.

3. The learned Special Government Pleader appearing for respondents 1 and 2 submits that reasonable time may be granted to the first respondent to pass orders on the representation of the petitioner.

4. In the light of the above, without going into the merits of the contention as regards the entitlement, the writ petition is disposed of with a direction to the first respondent to consider the representation of the petitioner dated 13.7.2015 on merits, take note of all the facts and after affording an opportunity of personal hearing, pass appropriate orders in accordance with law, within a period of eight weeks from the date of receipt of a copy of this order. While considering the representation of the petitioner dated 13.7.2015, the first respondent shall also take note of the report submitted by the third respondent dated 26.8.2015. No costs. Consequently, the above MP is closed.

-s/dAssistant Registrar True Copy Sub-Assistant Registrar To 1.The District Collector, Villupuram District. 2.The Assistant Director (Panchayat), Kallakurichi, Villupuram District.

3.The Block Development Officer, Panchayats, Ulundurpettai, Villupuram District.

+1 cc to the Government Pleader sr.68275 +1 cc to Mr.S.SaravanaKumar Advocate sr.67952 WP.No.39810 of 2015 and MP.No.1 of 2015 aa30/12/2015 https://hcservices.ecourts.gov.in/hcservices/