B.Sivakumar v. The District Collector
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED :05.09.2023
CORAM
THE HONOURABLE MR. JUSTICE S.SOUNTHAR W.P No.25977 of 2023 and W.M.P.No.25382 of 2023 B.Sivakumar.
...Petitioner
Vs.
1.The District Collector, Collectorate Building, Vellore District.
2.The Assistant Director (Panchayats), Sathuvacharry, Vellore District.
3. The Assistant Director (Audit), Sathuvacharry, Vellore District.
4. The Block Development Officer (Village Panchayat), Anaikut Union, Vellore District,
5. The Village Panchayat President, Genganallur Village Panchayat, Anaikut Union, Vellore District.
...Respondents
Prayer: Writ Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Mandamus, directing the Respondents 1 to 4 to consider and pass appropriate orders based on petitioner's representations dated 1/6
26.05.2023 and 08.07.2023 addressed regarding misappropriation of public funds by the 5th respondent, Village Panchayat President of the Genganallur Panchayat Union, Thoranagulam Village, Genganallur Post, Anaikut Taluk, Vellore District within the time frame to be fixed by this Hon'ble Court. For Petitioner : Mr.D.Thirumoorthy for M/s.S.P.Arthi For Respondents R1 to R3 : Mr.N.Naveen Kumar Government Advocate R4 & R5 : Mrs.V.Yamuna Devi Special Government Pleader
O R D E R
The petitioner herein seeks a direction to the respondents 1 to 4 to consider his representation dated 26.05.2023, regarding alleged misappropriation of public funds by the 5th respondent and pass final orders. 2.The petitioner is a Vice President of Genganallur Village Panchayat, submitted a representation to the respondents 1 to 4 on 26.05.2023, making various allegations against the 5th respondent. Based on the representation of 2/6
the petitioner, the 2nd respondent already directed the 4th respondent to conduct an enquiry and file a report.
3.Mr.N.Naveen Kumar, learned Government Advocate takes notice for the respondents 1 to 3. Mrs.V.Yamuna Devi, learned Special Government Pleader takes notice for the respondents 4 & 5. 4.The learned counsel appearing for the respondents on instructions, submits that based on the directions issued by the 2nd respondent, the 4th respondent is in the process of conducting enquiry and final report need to be filed before the 2nd respondent.
5.In view of the above submission made by the learned counsel appearing for the respondents, the 4th respondent is directed to complete the enquiry and file his final report before the 2nd respondent within a period of four (4) weeks from the date of receipt of copy of this order. The 2nd respondent shall forward the report to the 1st respondent with his comments within a period of four (4) weeks thereafter. The 1st respondent shall pass final orders based on the report filed by the 4th respondent within a period of four 3/6
(4) weeks from the date of receipt of final report from the 2nd respondent. 6.With the above directions, the writ petition stands disposed of. No Costs. Consequently, connected miscellaneous petition is closed. 05.09.2023 Index : Yes/No Internet : Yes/No Speaking Order/Non-Speaking Order : Yes/No nti/nsl 4/6
To 1.The District Collector, Collectorate Building, Vellore District.
2.The Assistant Director (Panchayats), Sathuvacharry, Vellore District.
3. The Assistant Director (Audit), Sathuvacharry, Vellore District.
4. The Block Development Officer (Village Panchayat), Anaikut Union, Vellore District,
5. The Village Panchayat President, Genganallur Village Panchayat, Anaikut Union, Vellore District.
5/6
S.SOUNTHAR , J.
nti/nsl W.P No.25977 of 2023 05.09.2023 6/6