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Madras High CourtWP/22461/2017dismissed

P.Gopinathan, v. The Director,

2023-06-13Honourable The Chief Justice,Honourable Mr Justice P.D.Audikesavalu5 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 13.06.2023 CORAM :

THE HON'BLE MR.SANJAY V.GANGAPURWALA, CHIEF JUSTICE AND THE HON'BLE MR.JUSTICE P.D.AUDIKESAVALU P.Gopinathan ..

Petitioner-inPerson Vs 1.The Director, Rural Development & Panchayat Raj Department, Chennai-600 015.

2.The Commissioner, Commercial Taxes Department, Chennai-600 005.

3.The Director, Local Fund Audit Department, Chennai-600 108.

4.The District Collector, Salem.

5.The Project Director, District Rural Development Agency, Salem-1.

6.The Block Development Officer (Block Panchayat) Kolathur, Salem District.

7.The Block Development Officer (Village Panchayat) Kolathur, Salem District.

8.The Superintendent of Police, Salem-2.

9.M.C.M. & Co., rep. by R.Kumar, Mettupalayur PO, Mettur Taluk, Salem District-636 303 10.Thangam ..

Respondents Prayer: Petition filed under Article 226 of the Constitution of India seeking issuance of a writ of mandamus directing the respondents 1 to 7 to recover the misappropriated amount of Rs.28,53,267/- (Twenty eight lakhs fifty three thousand two hundred and sixty seven only) from the 9th and 10th respondents based on the petitioner's representation dated 10.12.2016 and further direct the 8th respondent to initiate action against the 9th and 10th respondent in accordance to law.

For the Petitioner : No appearance For the Respondents : Mr.K.Karthick Jeganath Government Advocate for respondents 1 to 6 & 8 : Mr.M.Elumalai for respondent No.7

: No appearance for respondents 9 and 10

ORDER

(Order of the court was made by the Hon'ble Chief Justice) The party-in-person is absent.

2. An affidavit is filed by the seventh respondent. It is stated in the affidavit that respondents 9 and 10 have paid taxes of Rs.4,94,684/- and Rs.5,77,492/- on 13.7.2016 and 4.8.2016 respectively and both of them were not in arrears of any tax as on date.

3. As none appeared for the petitioner, the writ petition is dismissed. There will be no order as to costs. Consequently, W.M.P.Nos.5361, 5364 and 5359 of 2021 are closed. (S.V.G., CJ.) (P.D.A., J.) 13.06.2023 Index :

Yes/No :

Yes/No bbr To

1.The Director, Rural Development & Panchayat Raj Department, Chennai-600 015.

2.The Commissioner, Commercial Taxes Department, Chennai-600 005.

3.The Director, Local Fund Audit Department, Chennai-600 108.

4.The District Collector, Salem.

5.The Project Director, District Rural Development Agency, Salem-1.

6.The Block Development Officer (Block Panchayat) Kolathur, Salem District.

7.The Block Development Officer (Village Panchayat) Kolathur, Salem District.

8.The Superintendent of Police, Salem-2.

THE HON'BLE CHIEF JUSTICE AND P.D.AUDIKESAVALU, J.

bbr 13.06.2023