S.R.Thukkan v. The District Collector

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 10.12.2020

CORAM

THE HONOURABLE MR. JUSTICE N. ANAND VENKATESH W.P.NO.17418 OF 2020 S.R.Thukkan

...Petitioner

Vs.

1. The District Collector,

2. The Assistant Director Panchayats-4, Tirupathur District.

3. The Block Development Officer,

4. The Block Development Officer, Alangayam Panchayat Union,

5. R.Kali

...Respondents

Prayer: Writ petition filed under Article 226 of the Constitution of India, praying for the issuance of a Writ of Mandamus, directing the first and third respondent to Conduct an enquiry and take appropriate action against the 5th Respondent for the misappropriation of funds of the Pudhur Nadu Village Panchayat, Tirupathur Taluk and District by considering the petitioner's representation dated 10.02.2020 within a time frame fixed by this Hon'ble Court.

For Petitioner : Mr.D.Bennington For Respondent : Mr.Arul Doss R1 and R2 Government Advocate Mr.Purushothaman R3 to R5 Government Advocate

O R D E R

This Writ Petition has been filed for the issue of a Writ of Mandamus directing the respondents to conduct an enquiry and take action against the 5th responndent by acting upon the representation made by the petitioner on 10.02.2020.

2. It is seen from records that the petitioner in his representation dated 10.02.2020 has listed a lot of malfeasance and misfeasance that is alleged to have been committed by the 5th respondent who is the panchayat secretary. The grievance of the petitioner is that the respondents have not taken any action till date and left with no other option, the present writ petition has been filed before this Court.

3. Heard Mr.D.Bennigton, learned counsel for the petitioner, Mr.Arul Doss, learned Government Advocate, appearing on behalf of the respondents 1 and 2 and Mr.Purushothaman, learned Government Advocate appearing on behalf of the respondents 3 to 5.

4. Taking into consideration the facts and circumstances of the case and without going into the merits of the case and considering the limited relief sought for in this writ petition, there shall be a direction to the first respondent to consider the representation made by the petitioner on 10.02.2020 and conduct an enquiry after giving opportunity to the petitioner and the 5th respondent and pass final orders strictly in accordance with law within a period of six weeks from the date of receipt of a copy of this order. The petitioner is directed to make a fresh representation to the first respondent along with all the relevant documents and also a copy of this order.

4. This writ petition is disposed of with the above directions. No costs.

Sd/- Assistant Registrar(CS III) //True Copy// Sub Assistant Registrar rli To

1. The District Collector,

2. The Assistant Director Panchayats-4, Tirupathur District.

3. The Block Development Officer,

4. The Block Development Officer, Alangayam Panchayat Union, +1cc to Mr.D.Bennington, Advocate, S.R.No.40228 +1cc to the Government Pleader, S.R.No.40673 W.P.No.17418 of 2020 SR II (CO) KKV/21/12/2020