S.Sathiya v. The District Collector
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 28.11.2024
CORAM
THE HON'BLE Mr. JUSTICE C.V.KARTHIKEYAN W.P.No.32005 of 2024 S.Sathiya .. Petitioner Vs.
1.The District Collector, Chengalpattu District, And Inspector of Panchayats, Chengalpattu District.
2.The Assistant Project Officer, Housing and Sanitation, District Rural Development Agency, Chengalpattu District.
3.The Block Development Officer, Madhuranthagam Panchayat Union, Madhuranthagam, Chengalpattu District.
4.The Assistant Director, Audit, District Rural Development Agency, Chengalpattu District.
5.Chandra Babu .. Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus, directing the first respondent herein to exercise power under
section 205 of the TN Panchayats Act, 1994, to remove the fifth respondent herein from the position of president of L.N. Puram Panchyat, Madhuranthagam, Chengalpattu District in view of the report of the second respondent dated 25.07.2022 submitted to the first respondent For Petitioner .. Mr.G.Mageshkumar For Respondents .. Mr.T.Chandrasekaran Special Government Pleader for R1 & R2 Mrs.S.Mythreye Chandru Special Government Pleader for R3
ORDER
This writ petition has been filed in the nature of mandamus seeking a direction against the 1st respondent, the District Collector, Chengalpattu District who is also the Inspector of Panchayat of Chengalpattu District to exercise power under Section 205 of the Tamil Nadu Panachayat Act, 1994, consequent to the representation given by the petitioner herein against the 5th respondent, the President of L.N.Puram Panchayat at Madhuranthagam in Chengalpattu District. The petitioner had given representation on 25.07.2022.
2.The petitioner is the Vice President of L.N.Puram Panchayat at Madhuranthagam in Chengalpattu District. The 5th respondent is the President. The petitioner had given a representation alleging various acts of omissions and commissions
as against the 5th respondent. The 1st respondent had called for a report from the 2nd and 4th respondent in this regard. The 2nd respondent had given a report on 25.07.2022. It is contended that in the report it had been stated that allegations made by the petitioner are made out. Thereafter, the cheque signing power of the 5th respondent had been withdrawn. The 1st respondent however by communication dated 07.10.2022 had called for further report from the 4th respondent. It is at that stage the writ petition has been filed complaining non-action by the 1st respondent.
A direction is given to the 1st respondent, the District Collector, Chengalpattu / Inspector of Panchayat of Chengalpattu District, to act on the report of the 2nd respondent and also direct the 4th respondent to forward the report within a period of two weeks from the date on which the District Collector issued the reminder to the 4th respondent. Thereafter, the 1st respondent/District Collector may take an appropriate decision after hearing both the petitioner and the 5th respondent and pass appropriate orders, within a period of three months from that date.
3.This writ petition stands disposed of accordingly. No Costs. 28.11.2024 Index:Yes/No Internet:Yes/No Speaking Order/Non-Speaking Order ssr
C.V.KARTHIKEYAN,J.
ssr To 1.The District Collector, Chengalpattu District, And Inspector of Panchayats, Chengalpattu District.
2.The Assistant Project Officer, Housing and Sanitation, District Rural Development Agency, Chengalpattu District.
3.The Block Development Officer, Madhuranthagam Panchayat Union, Madhuranthagam, Chengalpattu District.
4.The Assistant Director, Audit, District Rural Development Agency, Chengalpattu District.
W.P.No.32005 of 2024 28.11.2024