M.Parasakthi v. The District Collector / The Inspector Of Panchayats
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 13.10.2023
CORAM
THE HON'BLE MR. JUSTICE P.D. AUDIKESAVALU M.Parasakthi ... Petitioner -vs1. The District Collector/The Inspector of Panchayats, Kallakurichi District.
2. The Assistant Director of Panchayats, Kallakurichi, Kallakurichi District.
3. The Block Development Officer, Village Panchayats, Ulundurpet, Kallakurichi District.
4. G.Ramasamy, The Panchayat President, S.Malayanur Panchayat, Ulundurpet, Kallakurichi District.
5. G.Jayaraman ... Respondents Prayer:- Writ Petition filed under Article 226 of the Constitution of India, 1950, praying to issue a Writ of Mandamus, to direct the First Respondent to take appropriate action against the persons who are responsible for manipulation of the Panchayat records on the file of S.Malayanur Panchayat, Ulundurpet, Kallakurichi District, on the basis of the Petitioner's representation dated 01.09.2023, within stipulated time as may be fixed by this Court. 1/5
For Petitioner : Mr. T.Arockia Dass For Respondents : Mr. S.J.Mohamed Sathik, Government Advocate (for R1 & R2) Mr. C.Sathish (for R3)
O R D E R
Heard Mr. T.Arockia Dass, Learned Counsel for the Petitioner, Mr. S.J.Mohamed Sathik, Learned Government Advocate, who takes notice for the First and Second Respondents and Mr. C.Sathish, Learned Counsel, who takes notice for the Third Respondent and perused the materials placed on record, apart from the pleadings of the parties. 2.
The Writ Petition has been filed to direct the First Respondent to take appropriate action against the persons who are responsible for manipulation of the Panchayat records on the file of S.Malayanur Panchayat, Ulundurpet, Kallakurichi District, on the basis of the representation dated 01.09.2023 made by the Petitioner.
3.
Learned Government Advocate appearing for the First and Second Respondents has filed a Memo dated 13.10.2023 stating as follows:- 2/5
"2.
It is submitted that all the records relating to the Panchayats are in the custody and control of the Panchayat President of S.Malayanur/Fourth Respondent herein in the capacity as Special Officer/Executive Officer of S.Malayanur Panchayat. It is submitted that in the Panchayat's Agenda and Resolution Registry on 07.04.2022 and 08.04.2022 the signature of the Panchayat Vice President and Ward members (1,3,5,6) are found to be distinctive and Fabricated and hence Forensic report confirmed the same.
3.
It is submitted that in the above juncture, the First Respondent had issued Show Cause under Section 205(1)(a) of the Tamil Nadu Panchayat Act, 1994 to the Fourth Respondent to give his explanations.
4.
It is stated that due to administrative reasons, we gave instructions to the Third Respondent to send proposal regarding the assigning of the Cheque signing power to Vice president of S.Malayanur Panchayat and the same is in progress.
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5.
It is submitted that the representation of the present Petitioner is duly considered and due action had been taken without any neglect. Hence filing this memo." In view of the aforesaid action taken, nothing remains for further consideration in the Writ Petition, but if the Petitioner still has any further grievance, she is not precluded from working out her rights before the proper forum in the manner recognized by law.
In fine, the Writ Petition is disposed with the aforesaid observations. No costs.
13.10.2023 kv Index: Yes/No Note: Issue order copy by 19.10.2023.
To
1. The District Collector/The Inspector of Panchayats, Kallakurichi District.
2. The Assistant Director of Panchayats, Kallakurichi, Kallakurichi District.
3. The Block Development Officer, Village Panchayats, Ulundurpet, Kallakurichi District.
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P.D. AUDIKESAVALU, J.
kv 13.10.2023 5/5