J.Ananda Jothi, S/O.Jayaraman v. The District Collector,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 18.04.2018

CORAM

THE HONOURABLE MR.JUSTICE K.KALYANASUNDARAM W.P.No.34468 of 2016 and W.M.P.Nos.29695 & 29696 of 2016 J.Ananda Jothi S/o.Jayaraman

...Petitioner

Versus

1. The District Collector, Cuddalore District, Cuddalore.

2. The Additional Director of Panchayats, Cuddalore.

3. The Block Development Officer, Kurinchipadi P.Union Kurunchipadi, Cuddalore District.

4. M.Ezhilarasan S/o.Maruthavanan ... Respondents Prayer:

Writ Petition filed under Article 226 of the Constitution of India, seeking for a Writ of Certiorari, calling for the records pertaining to the impugned order vide Na.Ka.No.A1/132/15 dated 21.09.2016 passed by the 3rd respondent herein and quash the same.

For Petitioner : M/s.A.Ansar For Respondent : Mr.B.Anand Government Advocate (for RR1 to 3) No appearance (for R4)

O R D E R

Heard Mr.A.Ansar, learned counsel appearing for the petitioner and Mr.B.Anand, learned Government Advocate appearing for respondents 1 to 3. Despite service of notice, none appeared on behalf of the 4th respondent.

2.The petitioner, who is elected as President of Indira Nagar Panchayat in the election held in 2011 has come up with the present writ petition challenging the order of the 3rd respondent, in and by which, the transfer of 4th respondent from Indira Nagar Panchayat to Perumathur Village was cancelled. 3.According to the petitioner, the 4th respondent was indulging in illegal activities, which was brought to the knowledge of the respondents 1 & 2. The President of Kalkunam Panchayat had also made a complaint against the 4th respondent. On the basis of the complaints, he was transferred from Indira Nagar Panchayat to Perumathur Village Panchayat. But the 3rd respondent based on a circular dated 15.09.2016, issued by the 1st respondent has canceled the transfer in an arbitrary manner.

4.The learned counsel for the petitioner submitted that the petitioner had sent representations to the 1st respondent on 17.09.2016 and 19.09.2016 and he would be satisfied, if a direction is issued to the first respondent to consider the representations of the petitioner within a time frame. 5.The learned Government Advocate appearing on behalf of respondents 1 to 3 submitted that they would consider the petitioner's representations in accordance with law. 6.In the light of the above submissions made by the learned counsels, this Court without going into the merits, directs the first respondent to take appropriate action on the basis of the representations dated 17.09.2016 and 19.09.2016 in accordance with law within a period of 12 weeks from the date of receipt of copy of this order after providing due opportunity to all the parties concern.

7.With the above direction, this writ petition is disposed of. There shall be no order as to costs. Consequently, connected miscellaneous petitions are closed.

Sd/- Assistant Registrar(CO) //True Copy// Sub Assistant Registrar rm

To

1. The District Collector, Cuddalore District, Cuddalore.

2. The Additional Director of Panchayats, Cuddalore.

3. The Block Development Officer, Kurinchipadi P.Union Kurunchipadi, Cuddalore District.

+1cc to the Government Pleader, S.R.No.29174 W.P.No.34468 of 2016 and W.M.P.Nos.29695 & 29696 of 2016 GMR(CO) CS/18/05/18