C.Tamilselvan v. The District Collector
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 21.02.2018
CORAM
THE HONOURABLE MR. JUSTICE K.KALYANASUNDARAM WP.No.22775 of 2013 C.Tamilselvan S/o. Chellapandiyan, Vice-President of Madhur Village Panchayat, Uthiramerur Taluk, Kancheepuram District.
...Petitioner
Vs.
1. The District Collector,
2. The Assistant Director of Village Panchayat,
3. The Block Development Officer, Uthiramerur Panchayat Union, Uthiramerur, Kancheepuram District.
4. V.Soundararajan President of Madhur Village Panchayat, Madhur, Uthiramerur Taluk, Kancheepuram District.
...Respondents
PRAYER:
Writ petition filed under Article 226 of the Constitution of India praying for issuance of Writ of Mandamus to direct the respondents, particularly the first respondent, to pass final orders to remove the fourth respondent from the post of President of Madhur Village Panchayat Pursuant to the proceedings dated 28.03.2013 of the first respondent and on the basis of the representation dated 22.04.2013 and 13.05.2013 of the petitioner within a time frame to be stipulated by this Court.
For Petitioner : Mr.M.Babu Muthu Meeran For R1& R2 : Mr.V.Shanmugasundar Special Government Pleader For R3 : Mr.A.S.Thambusamy For R4 : Mr.G.K.Sekar
ORDER
This writ petition is filed by the Vice President of Madhur Village Panchayat, seeking direction to the first respondent to take follow up action to recover the amount misappropriated by the President of the Panchayat.
2. Heard the learned counsel for the petitioner, the learned Special Government Pleader appearing for the respondents 1 and 2 , the learned counsel for the third respondent, the learned counsel for the fourth respondent. 3.The learned counsel for the petitioner submitted that based on the complaint of the Petitioner, the police has registered a case against the President of the Panchayat in Crime No.100 of 2012 and that the petitioner would be satisfied if a direction is issued to the District Collector to take appropriate action on the representation of the petitioner dated 13.05.2013.
4.The learned counsel for the 4th respondent submitted that the petitioner has made false complaint against the President and therefore, the writ petition is liable to dismissed.
5. Considering the facts and submissions, the learned counsel on either side, this Court, without going into the merits of the case, directs the District Collector, Kancheepuram/ the first respondent to take appropriate action on the representation of the petitioner dated 13.05.2013 and pass orders, on merits and in accordance with law, within a period of six months from the date of receipt of a copy of this order, after providing appropriate opportunity to all the necessary parties.
5.With the above direction, this writ petition is disposed of. No costs.
-s/d- Assistant Registrar(CS-II) True Copy Sub-Assistant Registrar msrm To
1. The District Collector,
2. The Assistant Director of Village Panchayat,
3. The Block Development Officer, Uthiramerur Panchayat Union, Uthiramerur, Kancheepuram District.
+1 CC to Mr.M. Babu Muthu Meeran, Advocate sr 13808. +1 CC to Mr.G.K. Sekar, advocate sr 13462.
WP.No.22775 of 2013 NRK(CO) SP(28/03/2018)